Spear v. Tinkham — 2 Barb. Ch. 105

Majority

p. 105

Spear vs. Tinkham.

Headnote

Vice chancellors have nh jurisdiction to hear appeals from surrogates, in any cage. And an order of the chancellor, referring an appeal of that nature to a vice chancellor, will not confer any jurisdiction upon the latter.

p. 106

This was an appeal to the chancellor from a decree of the surrogate of the county of Ontario. And was placed upon the calendar, in the fourth class,- to be argued ex parte.

J. Rhoades, for appellant,

moved that the appeal be referred to the vice chancellor of the 7th circuit for hearing and decision. He insisted that 2 R. S. 98, §§ 6, 7, authorized a reference, in a case of this kind.

said the vice chancellor had no jurisdiction to hear appeals from surrogates, in any case, under the provisions of the revised statutes. And that an order of the chancellor,, referring an appeal of that nature to a vice chancellor, would not confer any jurisdiction upon the latter.

Motion denied.