In re Griscom

Appellate Division of the Supreme Court of New York

In re Griscom

50 N.Y.S. 893

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

DecidedApril 7, 1898

StatusPublished

This text of 50 N.Y.S. 893 (In re Griscom) 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

In re Griscom, 50 N.Y.S. 893 (N.Y. Ct. App. 1898).

Pincite

Opinion

BARRETT, J.

Under section 1294 of the Code of Civil Procedure, it is only “a party aggrieved” by an order of the special term who may appeal therefrom. There is no such party here. The German government is not a party to the proceeding,, either here or abroad. Indeed, there is no such party, in a legal sense, as the German government. That is but the popular appellation given to a defined national entity or body politic. Nor is the see-amt a party. It is the investigating body. And such a body cannot be a party before itself. If it cannot be a party before itself, it cannot well be a party here. Lastly, the commissioner is not in any sense a party. It is quite clear, therefore, that there is no party aggrieved by the order appealed from, within the meaning of the Code, and consequently the appeal must be dismissed. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BARRETT, J.

Under section 1294 of the Code of Civil Procedure, it is only “a party aggrieved” by an order of the special term who may appeal therefrom. There is no such party here. The German government is not a party to the proceeding,, either here or abroad. Indeed, there is no such party, in a legal sense, as the German government. That is but the popular appellation given to a defined national entity or body politic. Nor is the see-amt a party. It is the investigating body. And such a body cannot be a party before itself. If it cannot be a party before itself, it cannot well be a party here. Lastly, the commissioner is not in any sense a party. It is quite clear, therefore, that there is no party aggrieved by the order appealed from, within the meaning of the Code, and consequently the appeal must be dismissed. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

50 N.Y.S. 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-griscom-nyappdiv-1898.