Stewart v. Stewart

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1908-07-08
Citations: 127 A.D. 672, 111 N.Y.S. 736, 1908 N.Y. App. Div. LEXIS 4075
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5 Citing Cases
Lead Opinion
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.