Wobd v. Byington

New York Court of Chancery

Wobd v. Byington

6 Sarat. Ch. Sent. 47

DecidedOctober 6, 1846

StatusPublished

This text of 6 Sarat. Ch. Sent. 47 (Wobd v. Byington) 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

Wobd v. Byington, 6 Sarat. Ch. Sent. 47 (N.Y. 1846).

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Opinion

This case, which was an appeal from an order of a surrogate made upon an application for the sale of the real estate of infants, was noticed as a special motion, and placed upon the calendar also : and the question was raised as to the manner in which it was to be heard.

The chancellor said the application before the surrogate was a summary proceeding,, and therefore the appeal was not a proper case to be placed upon the calendar. And he directed that it should be heard as a special motion.

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This case, which was an appeal from an order of a surrogate made upon an application for the sale of the real estate of infants, was noticed as a special motion, and placed upon the calendar also : and the question was raised as to the manner in which it was to be heard.

The chancellor said the application before the surrogate was a summary proceeding,, and therefore the appeal was not a proper case to be placed upon the calendar. And he directed that it should be heard as a special motion.

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Bluebook (online)

6 Sarat. Ch. Sent. 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wobd-v-byington-nychanct-1846.