Adams v. . Fox
Cases that cite this one
10 later published cases cite this decision.
- Carey v. Wright (New York County Courts 1934)
- Cutting v. Jessmer (Appellate Division of the Supreme Court of New York 1905)
- Abbey v. . Wheeler (N.Y. 1902)
- Howey v. Lake Shore & Michigan Southern Railway Co. (New York Supreme Court 1896)
- Fuller v. Tuska (New York Court of Common Pleas 1892)
- Elwell v. . Johnson (N.Y. 1878)
- Tradesmen's National Bank v. McFeely (New York Supreme Court 1875)
- Brinkley v. . Brinkley (N.Y. 1871)
- Ferris v. Aspinwall (N.Y. 1871)
- Barkley v. Russ (Fla. 1869)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is objected that this motion cannot be entertained, because the return has not been filed, and it is urged that until this is done, this court is not possessed of the case. But we think that when a notice of appeal has been served, and the j) roper undertaking perfected, the case is so far removed from the subordinate court, that we can entertain any application, which the case, in its then condition, may render necessary. Our general rules are based upon that idea, for they allow an order to dismiss an appeal for a default in filing the return.
The appeal which was attempted to be made in this case was premature. The determination of the demurrer, no doubt, entitled the defendant to judgment, unless the plaintiff should amend; but until final judgment was entered, the case was not in a condition to be reviewed here. The appeal must, therefore, be dismissed.
Ordered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.