Appellate Division of the Supreme Court of New York, 1908

Stewart v. Stewart

Appellate Division of the Supreme Court of New York · Decided July 8, 1908

127 A.D. 672; 111 N.Y.S. 736; 1908 N.Y. App. Div. LEXIS 4075

Counsel

Harry C. Kayser, for the appellant., Edwin F. Stern, for the respondent.

Opinion of the Court

Per Curiam:

The order appealed from is an ex parte -order from which no appeal lies. The only method of reviewing the correctness of an éx parte order is by a motion to vacate it, and, if that is denied, by an appeal from the order of denial.

Present —Ingraham, McLaughlin, Laughlin, Houghton and Scott, JJ.

Appeal dismissed, with ten dollars costs and disbursements.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.