New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made May 4, 1898, reversing that part of an order of a Special Term which allowed and approved the payment by the mortgage receiver to E. W. Paige, attorney for the sequestration receiver, of the sum of 04,770.22, and overruled the exceptions of the plaintiff to such payment; and also from an order made May 4, 1898, reversing an order which denied the plaintiff’s motion for…
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made May 4, 1898, reversing that part of an order of a Special Term which allowed and approved the payment by the mortgage receiver to E. W. Paige, attorney for the sequestration receiver, of the sum of 04,770.22, and overruled the exceptions of the plaintiff to such payment; and also from an order made May 4, 1898, reversing an order which denied the plaintiff’s motion for an order'directing Paige to pay to the plaintiff 04,770.22, and granted the plaintiff’s motion for repayment to it by…
1Opinion of the CourtMartin, J.
The first question presented is whether the appeals herein should be dismissed. The respondent contends that the orders from which they were taken were in the action, and, hence, not appealable to the Court of Appeals. The appeal to this court was taken as a matter of right and not by the permission of the court below. Therefore, unless the orders appealed from were final orders in a special proceeding, it is obvious that we have no jurisdiction to review them. Such an appeal is prohibited both by the Constitution and the Code of Civil Procedure. (Const, art. 6, § 9; Code, § 190.)
Thus, the…
2Cases cited5 opinions
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- Jewelers' Mercantile Agency v. RothschildNew York Court of Appeals · 1898
- Matter of Attorney-GeneralNew York Court of Appeals · 1898
- People v. . American Loan Trust Co.New York Court of Appeals · 1896
- Merriam v. Wood & Parker Lithographing Co.New York Court of Appeals · 1898
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- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Klasko Finance Corp. v. Belleaire Hotel Corp.New York Court of Appeals · 1931
- Matter of Steinman v. . ConlonNew York Court of Appeals · 1913
- Heinze v. Butte & Boston Consolidated Min. Co.Court of Appeals for the Ninth Circuit · 1904
- Trust Co. of America v. . United Boxboard Co.New York Court of Appeals · 1915