Canzi v. Conner
The Superior Court of New York City
Appeal from an order allowing an amendment to a proposed case on appeal. The action was by Helen J. Canzi against William C. Conner, sheriff, et al. The plaintiff appealed from the judgment therein. On the settlement of the case by Mr. Justice Sanford, the defendants’ counsel moved to amend it by striking out an exception that had been set forth in the following language, viz. : “ Plaintiff excepts to each and every one of the charges of the court.”
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Appeal from an order allowing an amendment to a proposed case on appeal. The action was by Helen J. Canzi against William C. Conner, sheriff, et al. The plaintiff appealed from the judgment therein. On the settlement of the case by Mr. Justice Sanford, the defendants’ counsel moved to amend it by striking out an exception that had been set forth in the following language, viz. : “ Plaintiff excepts to each and every one of the charges of the court.” The affidavit of the counsel of plaintiff who tried the case was read, which stated that he took the exception, and so told the stenographer, but…
1Opinion of the CourtFreedman, J.
The settlement of a case is left very much to the discretion of the judge presiding at the trial.
In the case at bar the amendment must be deemed to have been allowed in accordance with the judge’s minutes, which corresponded with the stenographic minutes, and hence it was allowed in accordance with the preponderance of evidence bearing upon the real fact.
The appeal from the order should be dismissed, with costs, and as it was conceded in the argument that in that contingency nothing was left of appellant’s case, the motion made by respondents should be granted, with costs.
2Cited by1 opinion
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