In re Lowenguth's Estate
This text of 100 N.Y.S. 422 (In re Lowenguth's Estate) 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.
Opinion
The order is not appealable. It disallows and overrules the objections of the administrators to the jurisdiction of the court, but is not final, as jurisdiction has not been exercised, and therefore does not involve a substantial right. Matter of Soule, 46 Hun, 661; Matter of Phalen, 51 Hun, 208, 4 N. Y. Supp. 408; Matter of Pearsall (Sup.) 4 N. Y. Supp. 365; Matter of Burnett, 15 N. Y. St. Rep. 116,
Neither party having raised the question of the appealability of the order, the appeal should be dismissed, without costs.
Appeal dismissed, without costs to either party. All concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
100 N.Y.S. 422, 114 A.D. 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lowenguths-estate-nyappdiv-1906.