Stewart v. Stewart

Full title: EMMA B. STEWART, Respondent, v . WILLIAM J. STEWART, Appellant

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

Date published: Jul 8, 1908

127 App. Div. 672 (N.Y. App. Div. 1908)

111 N.Y.S. 736

Opinion

July 8, 1908.

Harry C. Kayser, for the appellant.

Edwin F. Stern, for the respondent.

Present — INGRAHAM, McLAUGHLIN, LAUGHLIN, HOUGHTON and SCOTT, JJ.

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 ex parte order is by a motion to vacate it, and, if that is denied, by an appeal from the order of denial.

PER CURIAM:

Appeal dismissed, with ten dollars costs and disbursements.