Reese v. . Boese
New York Court of Appeals
These were motions to dismiss appeals. The opinion, which is given in full, shows the grounds of the motion. “The attorney for the respondent makes a motion to dismiss the appeal of Boese on the ground that he has not served ‘ a proper case or appeal-book.’ “ It appears that upon the appeal of Boese a case was prepared and settled by the consent and acquiescence of the parties, and filed in the clerk’s office, and that that ease was used at the General Term.
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These were motions to dismiss appeals. The opinion, which is given in full, shows the grounds of the motion. “The attorney for the respondent makes a motion to dismiss the appeal of Boese on the ground that he has not served ‘ a proper case or appeal-book.’ “ It appears that upon the appeal of Boese a case was prepared and settled by the consent and acquiescence of the parties, and filed in the clerk’s office, and that that ease was used at the General Term. Even if the General Term, in considering the appeal of Boese, used other papers, it had no right to. The return to this court is…
1Opinion of the Court
Earl, J.,
reads for denial of motion as to defendant Boese, and for dismissal of appeals taken by Raphael J.-Moses, Jr., on behalf of certain policy-holders, and by Talcott H. Russell as receiver of the American Trust Company, unless appeals are perfected as stated in opinion.
All concur.
Ordered accordingly.
2Cited by3 opinions
- Gregory v. ClarkAppellate Division of the Supreme Court of the State of New York · 1900
- Bonneford v. De RussyNew York Supreme Court · 1893
- Pickard v. CarrNew York Supreme Court · 1891