Hand v. Callaghan
New York Court of Common Pleas
Appeal from district court. Action by Elwood S. Hand against Francis Callaghan. There was a judgment in favor of plaintiff, and defendant appeals. Plaintiff moves to dismiss the appeal.
1Opinion of the CourtDaly, C. J.
Motion by respondent to dismiss appeal for (1) failure to serve a proper notice of appeal; (2) failure to file a return ' as required by law; (3) failure to serve a notice of argument. The appeal is from a judgment of a district court rendered May 10, 1894, and the judgment was satisfied on execution. The notice of appeal was served June 2, 1894, and the return of the justice was filed November 13, 1894. Neither party has placed the cause on the general term calendar, and the motion to dismiss the appeal is made on five days’ notice. The motion must be denied because a notice of motion of…
2Cited by1 opinion
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