Bergen v. . Carman

New York Court of Appeals

Bergen v. . Carman

79 N.Y. 146, 8 Abb. N. Cas. 50, 1879 N.Y. LEXIS 1003

CourtNew York Court of Appeals

DecidedDecember 9, 1879

StatusPublished

Cited by26 cases

This text of 79 N.Y. 146 (Bergen v. . Carman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bergen v. . Carman, 79 N.Y. 146, 8 Abb. N. Cas. 50, 1879 N.Y. LEXIS 1003 (N.Y. 1879).

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Opinions

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 148

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 149 The order of the General Term reversed the order confirming the report of the referee and directed that the case be referred to the referee to report as to priority of liens.

This is not a final order, and inasmuch as, upon the report of the referee as to this priority of the liens, the court at Special Term may hold that the moneys be retained to await the determination of a suit to be brought to test the right *Page 151 of the parties to the moneys, we think the order is not appealable to this court.

The appeal must, therefore, be dismissed, with costs.

All concur.

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