Papers Appeal from Order Denying Motion Vacate Attachment, Order Publication (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...of the defendant uompany. In thus moving the defendant's attorney claimed to be acting as the attorney of Mr. Cahill. The motion came on to be heard before Mr. Justice Ciegerich, who denied the same and from the order entered thereon, April 13th, 1898, this appeal is taken in the name of John II. Ca.hill. POINTS. FIRST. The appeal should be dismissed. (a) Mr. Cahill is not a party to this action and has no standing to appeal. He is not a person aggrieved within the provisions of Section 1296, Code of Civil Procedure. "A person aggrieved, who is not a party but "is entitled by Jaw to be substituted in "place of a party may also appeal as "prescribed in this chapter as if a party. But "theappeal cannot be heard until he has been "substitutedin place of the party." "Before he can be said to be aggrieved "within the meaning of Section 1296 by an "adjudication, it must have a binding force "against his rights, his person or his property, "but before one, vol a party can claim the 'right to appeal, he must not only be aggrieved, but he must be entitled to be substituted." 2 Rumsey's Pr., 646. A person though interested, if not a party to the proceeding complained of, has in general n right of appeal therefrom. Watson v. Nelson, 69 N. Y., 536. It is not an answer to our motion to dismiss that objection to Mr. CabiU's right to apply to the Court was not made at the Special Term. Although a stranger to the action may have been allowed to apply to the Court for relief against proceedings in such action, yet he has no rig lit of appeal from an order denying his application. In re Bristol, 16 Abb. Pr., 397. In that case an action brought by one Abbott against the American Hard Rubber...