6 How. Pr. 280 · New York Court of Appeals · Jan 15, 1852
Full text
Gridley, agt. Daggett, Adm'r, &c. and another
Ruggles, Ch. Judge,
said the court were of opinion they had no discretion, the statute was imperative—there must be an actual determination by the court below (Code, § 11).
Appeal dismissed, without costs.