American Publishing & Engraving Co. v. Gibbes & Co.

This is a motion to dismiss the appeal on two grounds: 1st. Because the matter sought to be appealed from is not appealable. 2d. Because the “Case” and exceptions have not been served within the time provided by law. The motion papers disclose the following facts: that the case came on -for trial before his Honor, Judge Townsend, and a jury on the 14th day of November, 1900, when the plaintiff offered testimony in the form of a commission “or deposition taken in New York,” which testimony was objected to by defendant, and the objection was sustained. Thereupon plaintiff’s counsel announced…