Callanan v. Keeseville, Ausable Chasm & Lake Champlain Railroad
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 20, 1909, which modified and affirmed as modified an interlocutory judgment entered upon the report of a referee.
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 20, 1909, which modified and affirmed as modified an interlocutory judgment entered upon the report of a referee. The Keeseville, Ausable Chasm and Lake Champlain Kailroad Company is a domestic corporation organized in 1889 to build and operate a steam railroad six miles long between Port Kent in the county of Essex and Keeseville in the county of Clinton. The authorized capital stock was $60,000, divided into 6,000 shares of the par value of ten dollars each, of which…
1Opinion of the CourtVann, J.
The defendants ask us to settle the practice relating to the certification of appeals and to hold that when an application is made for leave to appeal and the Appellate Division certifies questions to be passed upon by the Court of. Appeals, it should certify such questions as will finally determine the litigation, no matter by whom they were suggested.
W e cannot control the right or form of certification, as the power to certify is conferred upon the Appellate Division by the Constitution, and it is the sole judge of the proper method of exercising that power, although we can decline to…
2Cases cited2 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Vail v. . ReynoldsNew York Court of Appeals · 1890
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