Gardner v. Gardner
New York Court of Chancery
This was an application to dismiss an appeal from the sentence and decree of the surrogate of New-York. The affidavits on both sides, instead of being entitled in the appeal cause in this court, were entitled, “ In the matter of the final accounting of Charlotte Gardner, adm’x, with the will annexed, of James Gardner, deceasedas the papers were .entitled in the procedings before the surrogate.
1Opinion of the Court
The Chancellor.
The papers in this cause on the part of the appellant, as well as those on the part of the respondent, are wrongly entitled, and cannot be read in this court. On an appeal from a vice chancellor to the chancellor, which is in the same court, no petition of appeal is required, and the title of the cause or proceeding is not changed. But upon an appeal from the order, sentence or decree of a surrogate, the petition of appeal shows who are intended to be made parties to the appeal in this court. The papers and proceedings in this court, upon such an appeal, must be entitled in the…
2Cited by3 opinions
- Butler v. BensonNew York Supreme Court · 1847
- Foster v. FosterNew York Court of Chancery · 1838
- Suffern v. LawrenceNew York Supreme Court · 1848