Jarvis v. Palmer

New York Court of Chancery

Jarvis v. Palmer

1 Barb. Ch. 379, 1840 N.Y. LEXIS 320

DecidedApril 7, 1846

StatusPublished

This text of 1 Barb. Ch. 379 (Jarvis v. Palmer) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jarvis v. Palmer, 1 Barb. Ch. 379, 1840 N.Y. LEXIS 320 (N.Y. 1846).

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Opinion

The Chancellor.

The court is only authorized to hear appeals from decisions actually made by vice chancellors. The parties cannot, by consent, have a decree, or order, entered, with liberty to appeal from the same. The appellate court cannot, in this way, be compelled to take original jurisdiction and decide questions pending before a vice chancellor.

The appeal being unauthorized must be dismissed, but being by.consent it must be without costs to either party.

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The Chancellor.

The court is only authorized to hear appeals from decisions actually made by vice chancellors. The parties cannot, by consent, have a decree, or order, entered, with liberty to appeal from the same. The appellate court cannot, in this way, be compelled to take original jurisdiction and decide questions pending before a vice chancellor.

The appeal being unauthorized must be dismissed, but being by.consent it must be without costs to either party.

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Bluebook (online)

1 Barb. Ch. 379, 1840 N.Y. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarvis-v-palmer-nychanct-1846.