D'Ivernois v. Leavitt

By the Court.—Ingraham, J.

This case was tried before Mr. Justice Boosevelt, and decided by him, and he ordered an account to be taken. From this judgment an appeal was taken by the plaintiffs to the general term.

Upon the hearing at the general term, the same was argued without any objection being made as to the right of appeal in that stage of the cause, and the court held that the decision at special term was erroneous, ordering a new trial. Such new trial afterwards took place before Mr. Justice Gierke, and a new decision was made, varying in some respects from the first, and ordering an…