Gordon v. . Hartman
New York Court of Appeals
Appeal from judgment of the Marine Court, of the city of New York, in favor of defendant, entered upon a remittitur from the General Term of the Court of Common Pleas, in and for the city and county of New York, issued upon an affirmance by said court, of an order of the General Term of said Marine Court, which reversed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the Marine Court, of the city of New York, in favor of defendant, entered upon a remittitur from the General Term of the Court of Common Pleas, in and for the city and county of New York, issued upon an affirmance by said court, of an order of the General Term of said Marine Court, which reversed a judgment in favor of plaintiff, entered upon a verdict. The notice of appeal to the Court of Common Pleas contained an assent, that if the order appealed from was affirmed, judgment absolute should be rendered against the appellants.
1Opinion of the CourtEarl, J.
The Old. Code (§ 352) did not authorize an appeal from the General Term of the Marine Court to the Court of Common Pleas from an order reversing a judgment and granting a new trial. An appeal from such an order was first authorized by the act chapter 545 of the Laws of 1874, section nine of which provides that the appeal may be taken, “ provided the notice of appeal contain an assent on the part of the appellant that, if the order be affirmed, judgment absolute shall be rendered against the appellant, and on the determination of such appeal, effect shall be given by the appellate court to…
2Cited by5 opinions
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