Crounse v. Whipple
New York Supreme Court
. Appeals from orders made by the county judge of Albany county in the above actions, in proceedings supplementary to execution, requiring Elizabeth Whipple, the wife of John Whipple, to pay the amount of a judgment in each of said actions against her husband, the defendant therein, and the costs of the.proceeding.
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. Appeals from orders made by the county judge of Albany county in the above actions, in proceedings supplementary to execution, requiring Elizabeth Whipple, the wife of John Whipple, to pay the amount of a judgment in each of said actions against her husband, the defendant therein, and the costs of the.proceeding. The evidence shows that Elizabeth had advanced money to her husband, which, it is claimed, belonged to him; and that a mortgage was executed to her by one Alonzo Whipple upon a farm sold to him by John Whipple, to secure her $1,000 for the money alleged to have been paid, as well…
1Opinion of the Court
By the court, Miller, J.
A preliminary objection is taken to the appeals made in these causes, from the orders of the county judge, upon the ground that no appeal lies from an order of a county judge, in proceedings supplementary to execution, in a cause originating in a justice’s or in a county court.
In Smith agt. Bart (11 How. 203), it was held, that such an appeal did not lie. This decision was made in 1855, and since that time section 344 of the Code has been amended, and by the amendment an appeal is authorized to the supreme court “ from any order affecting a substantial right made by ‘a…
2Cases cited2 opinions
- Teller v. RandallNew York Supreme Court · 1862
- Stewart v. FosterNew York Court of Common Pleas · 1857
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- Barnard v. KobbeNew York Court of Common Pleas · 1871
- Thompson & Sons Manuf'g Co. v. GuenthnerSouth Dakota Supreme Court · 1894
- Blake v. BolteNew York Court of Common Pleas · 1895
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