Hyperlawhypertext legal database Clinch v. South Side Railroad 9 N.Y. Sup. Ct. 154

← Cases

Clinch v. South Side Railroad

9 N.Y. Sup. Ct. 154 Court N.Y. Sup. Ct. English

Contents

Majority

p. 154
EDWARD S. CLINCH, Respondent, v. THE SOUTH SIDE RAILROAD COMPANY OF LONG ISLAND, Appellant.

Headnote

Order made at Clumbers—when not appealable.
An order was granted by a justice of the Supreme Court at chambers, in the first district, appointing a receiver of the property, franchise and effects of the defendant. It did not appear that the order had ever been entered in the second department. Held, that, being a chamber order, no appeal from it would lie until it had been so entered.[1] The jurisdiction of the General Term in each department, on appeals from such orders, is, by the act of 1870 (chap. 408, § 10), confined to orders which have been entered in the department.
Appeal from an order appointing a receiver of the defendant corporation.
p. 155
An appeal from this order has already been taken to the General Term of the first department, and its decision is reported in 8 Supreme Court Reports (1 Hun), page 636.
Tracy, Catlin & Brodhead, for the appellant.
John H. Bergen, for the respondent.

Opinion by Talcott, J.

Present—Barnard, P. J., Talcott and Tappen, JJ.

Appeal dismissed.