Marvin v. Van Hoesen — 2 How. Pr. 130

Majority

p. 130

Francis I. Marvin et al. agt. Lambert Van Hoesen.

Headnote

An appeal from the circuit judge, under the statute of 1841, is subject to the practice of the special terms, and should be brought to a hearing at the next special term (where there is time), after the appeal is taken.

April Term, 1846..

An appeal by defendant on a motion from decision of circuit judge.

On the 13th of May, 1842, the defendant made a motion before Judge Kent, circuit judge of the 1st circuit, to -set aside an execution issued against him by plaintiffs. The circuit judge denied the motion, and the defendant appealed, but had never prosecuted his appeal to a hearing until the present time.

*E. Sandford, defendants counsel.

R. Mott, defendants attorney.

Wm. Coit, plaintiffs' counsel and attorney.

Held, that appeals from the circuit judge, under the statute of 1841, were not calendar causes, but

p. 131

were subject to the practice of the special terms, and the party appealing was bound to bring his appeal to a hearing at the next special term after it was taken.

Motion was therefore denied with costs.