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Van Vleck v. Ballou

Appellate Division of the Supreme Court of New York, First Department
May 1, 1899
40 App. Div. 489 (N.Y. App. Div. 1899)

Opinion

May Term, 1899.

Howard Mansfield, for the appellant.

Julius F. Workum, for the respondent.


This appeal cannot be considered upon the merits, for two reasons. In the first place all the plaintiffs do not join in it. The action is brought by Van Vleck and the sheriff of the county. The money, if recovered, is to be paid to the sheriff, and he alone has any beneficial interest in it. An appeal taken by one plaintiff, in which the other does not join, does not present any substantial question to be considered.

Besides that it does not appear that any exception was taken to the decision of the referee. Where such is the case, the court has no power to review any question which might have been raised upon the trial. ( Thompson v. Schwartz, 39 App. Div. 658.)

But even if there were power in the court to review exceptions taken upon the trial, in the absence of an exception to the decision, no exceptions were taken upon the trial of this case, and, therefore, there was nothing to review.

The judgment, therefore, must be affirmed, with costs.

VAN BRUNT, P.J., BARRETT, PATTERSON and O'BRIEN, JJ., concurred.

Judgment affirmed, with costs.


Summaries of

Van Vleck v. Ballou

Appellate Division of the Supreme Court of New York, First Department
May 1, 1899
40 App. Div. 489 (N.Y. App. Div. 1899)
Case details for

Van Vleck v. Ballou

Case Details

Full title:ROBERT B. VAN VLECK, Appellant, Impleaded with HUGH J. GRANT, as Sheriff…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1899

Citations

40 App. Div. 489 (N.Y. App. Div. 1899)
58 N.Y.S. 125