Stewart v. Stewart — 127 A.D. 672

Majority

p. 672

Emma B. Stewart, Respondent, v. William J. Stewart, Appellant.

First Department,

July 8, 1908.

Headnote

Appeal — ex parte order — practice.

There- is no direct appeal from an ex parte order; a review can he had only by moving to vacate it and appealing from the order denying that motion.

Appeal by the defendant, William J. Stewart, from an exparte order of the Supreme Court directing the issuance of a warrant for the commitment of the defendant for contempt of court.

Harry C. Kayser, for the appellant.

Edwin F. Stern, for the respondent.

The order appealed from is an ex parte -order from which no appeal lies. The only method of reviewing the correctness of an éx parte order is by a motion to vacate it, and, if that is denied, by an appeal from the order of denial.

Present —Ingraham, McLaughlin, Laughlin, Houghton and Scott, JJ.

Appeal dismissed, with ten dollars costs and disbursements.