Salmon P. Chase

“ As the Code of Practice requires that three days' notice be given to the debtor, and the judge is required to examine and decide whether the instrument unites all the requisites of the law necessary to authorize this summary proceeding, his decision is a judgment or decree, and an appeal lies from it ”

“ But this was said of the original order, without the three days' notice and without any act on the part of the debtors.
In the present case the debtors appeared by their opposition, which was overruled and the original order made final. In such a case, the opinion of the court shows that the writ of error would have been sustained, apart from the objections growing out of the want of service of parties. We have held, however, in the case of Walker v. Dreville, [5] that no writ of error lies, where the proceeding below, in its essential nature, is a foreclosure of a mortgage in chancery. ”