White v. Lawyers' Surety Co.

Appellate Terms of the Supreme Court of New York

White v. Lawyers' Surety Co.

84 N.Y.S. 247

Appellate Terms of the Supreme Court of New York·Decided June 22, 1903·Published·Cited by 5 cases

Opinion

PER CURIAM.

The appeal is from an order making Oliver T. Sherwood a party defendant. The order was made on the application of Sherwood, and opposed by plaintiff. Appeals from the Municipal Court are regulated by sections 253-256, 310, Municipal Court Act (Laws 1902, pp. 1562, 1563, 1578, c. 580). In none of these sections is power given to appeal from an order of the character here presented. [248]*248The power of the Supreme Court to entertain appeals from the Municipal Court is limited to the cases mentioned in the statute. Pascocello v. R. Co., 26 Misc. Rep. 412, 56 N. Y. Supp. 177.

As the order in question is not appealable, the appeal must be dismissed, with $10 costs and disbursements.

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

PER CURIAM.

The appeal is from an order making Oliver T. Sherwood a party defendant. The order was made on the application of Sherwood, and opposed by plaintiff. Appeals from the Municipal Court are regulated by sections 253-256, 310, Municipal Court Act (Laws 1902, pp. 1562, 1563, 1578, c. 580). In none of these sections is power given to appeal from an order of the character here presented. [248]*248The power of the Supreme Court to entertain appeals from the Municipal Court is limited to the cases mentioned in the statute. Pascocello v. R. Co., 26 Misc. Rep. 412, 56 N. Y. Supp. 177.

As the order in question is not appealable, the appeal must be dismissed, with $10 costs and disbursements.

White v. Lawyers' Surety Co., 84 N.Y.S. 247 (N.Y. Ct. App. 1903).

Pincite

84 N.Y.S. 247 (White v. Lawyers' Surety Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related