Foote v. . Lathrop
New York Court of Appeals
Appeal from the General Term of the Supreme Court, in the eighth judicial district, affirming an order made at the Chautauqua Special Term. The appellant, Elizabeth S. Lathrop, one of the defendants, was married to the defendant, Solon H. Lathrop, on the 29th day of July, 1847. On the 1st day of July, 1854, he and the appellant gave a mortgage of $5,000 to the plaintiff in this action, upon the house and lot where they resided.
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Appeal from the General Term of the Supreme Court, in the eighth judicial district, affirming an order made at the Chautauqua Special Term. The appellant, Elizabeth S. Lathrop, one of the defendants, was married to the defendant, Solon H. Lathrop, on the 29th day of July, 1847. On the 1st day of July, 1854, he and the appellant gave a mortgage of $5,000 to the plaintiff in this action, upon the house and lot where they resided. This action, for the foreclosure of that mortgage, was commenced in the Supreme Court, on the 16th day of April, 1857, the appellant being named as one of the…
1Opinion of the CourtGrover, J.
The third subdivision of section 11 of the Code, authorizes an appeal to this court, from a final order, affecting a substantial right, made in a special proceeding, or upon a summary application in an action after judgment, &e. The order appealed from in the present case, was made upon a summary application to the court in an action, after final judgment therein, and the order is final. So far, it comes within the above provision, authorizing an appeal to and review by this court. It remains to consider whether it affected a substantial right within the meaning of that term as used in the…
2Cases cited1 opinion
- Hamilton v. . WrightNew York Court of Appeals · 1868
3Cited by24 opinions
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- In Re the Estate of KillanNew York Court of Appeals · 1902
- Perkins v. Guaranty Trust Co.New York Court of Appeals · 1937
- Dutton v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- Vander v. CaspersonNew York Court of Appeals · 1962
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