Salmon v. . Gedney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, modifying an order of reversal and new trial, entered upon the decision of said court, on appeal herein. (Reported below, 11 Hun, 29.) The facts appear sufficiently in the opinion. Ho error against the party not appealing could be passed upon by the appellate court.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, modifying an order of reversal and new trial, entered upon the decision of said court, on appeal herein. (Reported below, 11 Hun, 29.) The facts appear sufficiently in the opinion. Ho error against the party not appealing could be passed upon by the appellate court. (N. Y. G. L. and Bk'g Co. v. Dudley, 8 Paige, 452; Townsend v. Graves, 3 id., 453; Bell v. Halford, 1 Duer, 58; Rooney v. Second ave. R. R. Co., 18 N. Y., 371; Kelsey v. Western, 2 id., 200; Robertson v. Bullion, 11 id., 243, 244; 4 J.…
1Opinion of the CourtFolger, J.
It appears that the plaintiff brought an action to foreclose a mortgage, and made Allen and Gedney parties, Both of them appeared. Gedney pat in for answer, a gen. eral denial of the complaint. Allen put in a more detailed answer. The litigation was upon the issue raised by the answer of Allen. But Gcdney’s and Allen’s interests were practically the same. The success of Allen in her defense, would be upon the establishment of facts, which ought also to protect Gedney from adverse judgment; for it appeared that Mrs. Allen held a prior mortgage which she foreclosed without making the then…
2Cases cited1 opinion
- Matter of PriceNew York Court of Appeals · 1876
3Cited by8 opinions
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1883
- Leach v. AuwellAppellate Division of the Supreme Court of the State of New York · 1912
- Pollatschek v. GoodwinAppellate Terms of the Supreme Court of New York · 1896
- Cohen v. EllisNew York Supreme Court · 1885
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