Smith v. Lewis
New York Court of Common Pleas
• Appeal by the defendants Lewis anil Blood from an order overruling a demurrer to the complaint, and from a judgment entered at Special Term, upon a trial before Hiltooi, J., without a jury. . . • . - The action was brought by the plaintiff, as a judgment creditor of the defendants Lewis and Blood, to have a certain bill of sale of a stock of goods, executed by Lewis and Blood to one P. R. Lewis, and by him assigned to the defendant Burlock, adjudged and decreed fraudulent…
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• Appeal by the defendants Lewis anil Blood from an order overruling a demurrer to the complaint, and from a judgment entered at Special Term, upon a trial before Hiltooi, J., without a jury. . . • . - The action was brought by the plaintiff, as a judgment creditor of the defendants Lewis and Blood, to have a certain bill of sale of a stock of goods, executed by Lewis and Blood to one P. R. Lewis, and by him assigned to the defendant Burlock, adjudged and decreed fraudulent and void, as made with intent to hinder and delay creditors. A decree was entered adjudging the sale fraudulent and…
1Opinion of the Court
By the Court.
Daly, F. J.
A judgment is declared by the Code, § 345, to be the final determination of the rights of the parties in the action. In an equitable action before the Code, this was in effect what was known as a final decree, as contradistinguished from one that was merely interlocutory. If a decree disposed of all the questions raised by the pleadings, and gave directions as to what' was to he' done to give effect to the decision of the Court, it was a final decree, although facts remained to be ascertained, the knowledge 01 *454which was essential to carry out the purpose of the Court.…
2Cases cited5 opinions
- Eyre v. PotterSupreme Court of the United States · 1854
- Mills v. HoagNew York Court of Chancery · 1837
- Travis v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1815
- Wood v. HuntNew York Supreme Court · 1862
- Tompkins v. . HyattNew York Court of Appeals · 1859
3Cited by3 opinions
- Clarke v. BrooksNew York Court of Appeals · 1867
- Clark v. BrooksNew York Court of Common Pleas · 1866
- Springsteene v. GillettNew York Supreme Court · 1883