Hewitt v. . City Mills
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the third judicial department, made September 13, 1892, Which denied a motion to dismiss an appeal by defendant from a judgment in plaintiff’s favor. • This was a motion to dismiss an appeal; the material facts are stated in the opinion in full. The order is appealable. (Code Civ.
Read the full summary
Appeal from order of General Term of the Supreme Court in the third judicial department, made September 13, 1892, Which denied a motion to dismiss an appeal by defendant from a judgment in plaintiff’s favor. • This was a motion to dismiss an appeal; the material facts are stated in the opinion in full. The order is appealable. (Code Civ. Pro. §§ 784, 1351; Clapp v. Hawley, 97 N. Y. 610; Thurber v. Chambers, 60 id. 29 ; In re N. Y. C. & H. R. R. R. Co., 60 N. Y. 112.) The appeal from judgment was not in time. (Humphrey v. Chamberlain, 11 N. Y. 274; Wait v. Van Allen, 22 id. 319; Code Civ. Pro.…
1Per curiam
On the twenty-third day of May, 1892, the decision of the trial court and judgment thereon in this action were duly filed and entered in the clerk’s office of Montgomery county, the defendant’s costs having been taxed and adjusted without notice. On the same day a copy of the decision and judgment with notice of the entry thereof were duly served on the defendants. On the same day also a notice of retaxation of the costs was served, and five days later, on the twenty-eighth day of May, the costs were retaxed without alteration. The plaintiff appealed from the judgment to the General Term of…
2Cited by9 opinions
- Lemmons v. HuberOregon Supreme Court · 1904
- Weeks v. CoeAppellate Division of the Supreme Court of the State of New York · 1899
- Steele v. GormanWisconsin Supreme Court · 1924
- Weeks v. CoeAppellate Division of the Supreme Court of the State of New York · 1899
- Gersman v. LevyAppellate Terms of the Supreme Court of New York · 1908
4 more not listed; retrieve them via the Exa API.