Jarvis v. Palmer

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

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.