New-York tribune., 1866-12-04
CIVH COURTS.

Stephen Z. Clark agt James Brooks and EIaSus Brooks
DAILY, J.J.-The undertaking required by Sec. S54 OF
the Code would proceedings for the reason that ths
provided for IN Sec 81 cases IN which tgRHf
qei nom and n hos consequently been held that that
on does not apy 10 an appeal from an order granting OF "
McAiahon agt Allen p How lo3
Vattn agt The National Loan Fund Life Assurance seceJ
10 fi,rs "a, 'i@ ltt carpasan sAbo 60 al
Tho rule laid down IN Tompkins agt Hyatt 10 n s34r
HOLSTER Bank o. B1ia0 agt Vail Is 3D. 2W9riToul agt
Curtis id AS that there mus. be hnal pigment before
appeal be taken 70 tbe C0qu Qg Apfea does my
opinion apply where he appeal Is NON order granting %
the code IN l ssi 1852 allow appeal Ia such case with
other Irritation restriction except that which imposed
the ease of an appeal from order granting new trial
It three above cited were not appeals gp 81 order
decision of the Court Of Appeals /. was simply ha that Court
viii not review Judgment until t H actually entered and Is "a
oil respects final IN IL character which something very or
eu from hearing appeal from order granting or rstus
wa held BY the Court Of Appeals in lansing agt Rasse
NJ Kep9eJ that he granting OF reiuns o. new tra an
y matter resting entirely u TIE discretion % the Cour bel
o I'D Tbs, n2 appeal woq e % th CoaE, Of appeals n such
h7 appeal in TITS eie brought and Bronson IA 90
ss & ss qPP hi 81 1s SGs e @ t s SS L & ss &c. s s1s nS
tho merits the controversy was point that need no' At that time
The Appeals did appeal after hns judgment, review
25 n J. Rep a in which they affirmed the Judgment bat express
review any terelse oris iu1o1s t6s nsr and us wss such
~ ~ .Is .u4. 80 - az ss of.... -
mo- o ~ y 2 mon s,Ti b ~ zessE - "a b mon he priss
svrei FOR ths iuiorrai4 al be own conseeaoe Jus-
Wright BY whom tie opinion Of toe Court was dsverd
declared n2 e application for nov a was IN the discretion st
he egiy judge tl Wl noi latl whether eye &c "aS TN,
bound O. award i unless the substantial
justice been done whi.a she upou which ,h Court
aet-a m fsn.s new new '54 m in sae s ce % 1I'oe L5n t
e5u clothed was not az arbitrary one and ha, the error COM
nsa plainly led to uer!oas and uf9'i effects o. which
re dl9H La' sh !? c0g'1 lad % iSee & va. Tssso1s1: S
This sppTelend applies where court Of eqniy gives
Judgment in iauce eiA the ldus Il ie jury IeEang "a
but as va; BY C6f J1sce Bronson Lansing Russell,
spa and hal been tei other cases he 9or a decree IN
ACCORDANCE with tie verdict or 4 may dass e h9es Oh tna
L eI1 acses 'l @ IT,, ~ NO. ,vtj.b ~ Coert r,ev
Ia alone a. h sees ood and The u which TOE Coar has
II the reea case the jury passed upon so zeal question isas
accordance with their finding that open question whess
ey eau have 10 the Court Of Appeal, order susins
5y he amenlsas Of 3 II It s reyews5s only order
y5y.es t9e merits upon an Ppe st hal laasmn. y sns
Coart Appeals may conclude that review hs deon Of che
General Term rfans rt trial u7on - apel, from the
order irrespective Of th judgment ana ., ths !, a. ss' PoSs %
be reviewed N The cenr Of APpes 5o5ias fass5 & Si ~
tate to grant sppcaton II the suit involved nothing more than
recovery Of certain Of money stay might 7e sinsa
npon svns security t rs ultimate pay'.tt E III I ~ @
by the Court OF Appes cannot Be heard in is regular order.
tRs ooesrs to Judge Brady uy'er with WHOM hay.
consulted as the wa, & mSie N 5 sl hi @ ne
conse1uonce property should the meanwhile dspre siats
hc may Be saoi5i By srs4: VARIETY
p pishss ia, M ~ bsn 55ferrsiueS 6y tfe verde,
rv p Nv the dscee which the Court has made sceofdsno
With H but the value OF the joint Interest not hn0Nu ara cannot p
s son a an Wh. SaS PR5' 6o paudi f' VII be ssj
& % BE- 1 s. PropoATi s r. should aimh IN Vss Ii. slsrs
vii be p-oportousiey dnnhsd and q pIopr'{ Of IN, ne
ed by course Of Judicial the, H. action for the dis
n ~ copner.bD ths parties cannot nrrse the vsue %
tsY peusry Interest the ouy mode q determining by L
ofhe whole o the interest property At Pa5na sqo & % \, @
.he extent Of the plaintiff inse, NJ "'s SO Hse 40, & III
@ S 81 1s g,99Pss Pc r ~ en vg iu lent time l. aowed
Martin Van ShaicE Psgs $50 that coar, q Eqy val eos
upon itself respolbty q continuing he Of
political newspaper by longer than IS absolutely neee
sS8on. s s u, 5Sed .S eel ,s without Delays
t Ia tie mean time the mus be carried on By him ss
a.aa 80 th1 & s 'Ia sge Of real.5b TIE partner On re
sac We have gone much isr,s5 @ oy e. N, 5 Ss
hsaon this period now Of nesry three yesis and ahA
saying the sss now 6si plaintiff obtained decree IN hs
,sgGi t1e asSGt We refused pew trial on very
gsound upon which he Court q Appeals 1y ~ FelIssi & fo's
po. esrsfa con.derston and setting rh u an esbor.s
ao, az the Court conclusive the point We DO not
upon the 1 y % sa.S ~ nSsn 70 reverse os
judgment higher tribunal yhsn We can DO % saoa % pqale.
can oa in tie shape Of The ordinary written gadeIslsadns would
saad against the eonveynee tns p'a d I bb 5r,t ~ %
49, he pre from order refusing the trial be heard
hi ,e C,nr Of Appcal II We should the sale unt tbs
sn vas disposed the value Of the paishs interest would
s oo OF the then and We have no right By
an arbitrary q power 10 subject h Inc chances q ooh
eonHseHey Il admitted the PesdRss that the plaintiff
dissolved il TIE mode prescribed by
G si and being the fact he entitled the authority
have sod a. the earliest perisd
can whatever BE- the subsequent
5ian upon the distribution Of the proceeds We
which the plaintiff can be protected Against the
possibility Of dminuon IN the ysae OF the property unes the de-
valuation OF hs upon the trial
bo deducted proceeds IN tho The orders ot
d. General being ahIed aud should be guaranteed By tie
yn. proper security We do not impose any suoh condition o
v tie defendants ought 90 An that DO isy is
shoud BE- justified Ia staying the e any longer M -
he pain,if he secured Ia aeanst he pobiy
the vale Of his interest add souo hing % tn
kud suggested the motion for stay mu bs dealsd La ne
Eisws a6oYe sGpgesssd lasss BIsdY c0pesgs