Legal Opinion

Wingert v. . Krakauer

New York Court of Appeals

Decided January 17, 1905Published

Motion to compel acceptance of a notice of appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 24, 1904, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial.

1Opinion of the CourtHaight, J.

Upon the. trial of this action the plaintiff

recovered a judgment against the defendants for the sum of $10,633.57. Upon appeal to the Appellate Division of the first department the judgment was reversed and a new trial ordered. That order was entered in the office of the clerk of the county of Hew York on the 24th day of March, 1904, and a notice of the entry thereof was, 'upon that day, served upon the plaintiff. Thereafter and on the 31st day of October, 1904, a judgment of reversal was filed in the office of the clei’k of the county and notice of the entry thereof served upon the…

2Cases cited2 opinions

  1. Pharis v. . GereNew York Court of Appeals · 1889
  2. Vernon v. PalmerNew York Court of Appeals · 1883

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