Sherman v. . Felt

Decided March 5, 1849

New York Court of Appeals · decided 1849-03-05

Motion to dismiss the appeal. The cause was pending in the late court of chancery, and the bill taken as confessed in that court in March, 1847. Upon an ex parte hearing the chancellor granted a final decree, which was duly entered in May, 1847. In September, 1847, the supreme court, at a special term, on motion made by the defendants, set aside the order taking the bill as confessed and all subsequent proceedings, for irregularity.

Cited by 2 later decisions — most recently January 1910

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-03-05

View the full empirical analysis of this case →

The Court

¶1 were of opinion, 1. That the supreme court as now organized has the same jurisdiction as that court formerly had, with the addition of the equity jurisdiction of the late court of chancery, and consequently that it could entertain a motion to set aside a decree of the last mentioned court. 2., That the motion in this case involved a mere question of practice, or addressed to the favor and discretion of the court. 3. That the provision of the code referred to did not authorize the appeal to this, court.

¶2 Appeal dismissed.