US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

MCMASTER V. GOULD, 276 U. S. 284 (1928)

Subscribe to Cases that cite 276 U. S. 284 RSS feed for this section

U.S. Supreme Court

McMaster v. Gould, 276 U.S. 284 (1928)

McMaster v. Gould

No. 85

Argued October 28, 1927

Decided March 5, 1928

276 U.S. 284


By the law of New York (Civ.Pr.Act. § 588), appeals from judgments of the Supreme Court, Appellate Division, which finally determine actions or special proceedings may be taken to the Court of Appeals as of right in certain cases, and in others may be allowed upon application, by the Appellate Division or, in case of refusal, by the Court of Appeals; but if an appeal which is not of right be taken without such leave, it must be dismissed. Petitioners, having been refused leave by the Appellate Division, sued out an appeal which was dismissed by the Court of Appeals without opinion.

Held, that the dismissal must be taken as a holding that the case was not appealable of right, and that, since the petitioners had omitted to apply for leave to the Court of Appeals, the judgment of the Appellate Division was not that of the highest court of the state in which a decision could be had, and the writ of certiorari must therefore be dismissed. P. 276 U. S. 286.

Dismissed. chanroblesvirtualawlibrary

Page 276 U. S. 285

Certiorari, 273 U.S. 677, to the Supreme Court of New York, Appellate Division, 215 App.Div. 871, to review a judgment affirming a refusal to make an order of substitution.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™