Bemis v. Huntington

Appellate Division of the Supreme Court of New York

Bemis v. Huntington

44 N.Y.S. 439

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 19, 1897

StatusPublished

This text of 44 N.Y.S. 439 (Bemis v. Huntington) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bemis v. Huntington, 44 N.Y.S. 439 (N.Y. Ct. App. 1897).

Pincite

Opinion

PER CURIAM.

We do not see how the appeal in this action can be entertained upon the notice of appeal as served. The notice of motion was addressed to the parties who had made claims upon the defendant, and some of these parties appeared in court, as is shown by the order from which the appeal is attempted to be taken. These parties, by virtue of this order, acquired certain rights; and it is sought to deprive them of those rights by the appeal taken herein. No notice of appeal has been served upon them, although they had become parties to the proceeding. The court cannot deprive them of the rights which they had secured, upon an appeal to which they are not parties.

The appeal should be dismissed, with $10 costs and disbursements.

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PER CURIAM.

We do not see how the appeal in this action can be entertained upon the notice of appeal as served. The notice of motion was addressed to the parties who had made claims upon the defendant, and some of these parties appeared in court, as is shown by the order from which the appeal is attempted to be taken. These parties, by virtue of this order, acquired certain rights; and it is sought to deprive them of those rights by the appeal taken herein. No notice of appeal has been served upon them, although they had become parties to the proceeding. The court cannot deprive them of the rights which they had secured, upon an appeal to which they are not parties.

The appeal should be dismissed, with $10 costs and disbursements.

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Bluebook (online)

44 N.Y.S. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bemis-v-huntington-nyappdiv-1897.