Jewett v. Schmidt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Melinda P. Schmidt, individually, and as executrix, etc,, of Bache McEvers Schmidt, deceased, and as administratrix, etc., of George Parbury Pollen, deceased, from a final judgment of the Supreme Court in favor of the plaintiff and the defendant Fritz Leopold Schmidt, Jr., entered in the office of the clerk of the county of Hew York on the 14th day of January, 1905, nunc ¡pro tunc as of the 12th day of January, 1904, with notice of an intention to…
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Appeal by the defendant, Melinda P. Schmidt, individually, and as executrix, etc,, of Bache McEvers Schmidt, deceased, and as administratrix, etc., of George Parbury Pollen, deceased, from a final judgment of the Supreme Court in favor of the plaintiff and the defendant Fritz Leopold Schmidt, Jr., entered in the office of the clerk of the county of Hew York on the 14th day of January, 1905, nunc ¡pro tunc as of the 12th day of January, 1904, with notice of an intention to bring up for review upon such appeal certain intermediate orders and judgments.
1Opinion of the Court
McLaughlin, J.:
This appeal is from a final judgment. The case was before us on appeal from the interlocutory judgment (83 App. Div. 276) and it is necessary here to state only such facts as bear upon the points now raised. After the affirmance of the interlocutory judgment by this court and its refusal to permit an appeal to the Court of *324Appeals (86 App. Div. 627) the accounting under the provisions of the interlocutory judgment proceeded before a referee, who, on August 26, 1903, filed, a report and the plaintiff moved for confirmation and for final judgment.
The appellant objected to the…
2Cases cited3 opinions
- Mitchell v. OvermanSupreme Court of the United States · 1881
- Jewett v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1903
- O'Connor v. ByrneAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Gletzer v. HarrisAppellate Division of the Supreme Court of the State of New York · 2008
- Karpuk v. KarpukNew York Supreme Court · 1941
- Russell v. James Butler Grocery Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Haag v. Lawrence Lumber Co.Indiana Court of Appeals · 1929
- Mansfield State Bank v. CohnAppellate Division of the Supreme Court of the State of New York · 1982
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