Carraher v. Carraher
The Superior Court of New York City
Motion to dismiss the appeal for want of prosecution. The papers used on the motion showed that the judgment roll was filed on June 30,1870, and that on November 6, 1871, the respondent; on motion, had obiained an order at special term, declaring the case upon appeal abandoned;
1Opinion of the Court
Freedman, J.*
Although the respondent, in conformity with the practice laid down by this court in Phelps v. Swan (2 Sweeny, 696), has obtained an order of the special term declaring the case upon appeal abandoned, it by no means follows that upon a production of a certified copy of that order and a mere reference to the judgment roll on file in the office of the clerk we can, on a motion to dismiss,' dispose of the appeal in this case against the objection of the appellant. The .decision of the case referred to does not go to this extent The real question involved therein was whether the…
2Cases cited3 opinions
- Phelps v. SwanThe Superior Court of New York City · 1870
- Affirmance on DefaultThe Superior Court of New York City · 1869
- Ward v. Central Park, North & East River RailroadThe Superior Court of New York City · 1870
3Cited by1 opinion
- Smith v. Ingham UniversityNew York Supreme Court · 1894