Smith v. Ingham University
New York Supreme Court
Action by Walter H. Smith, as trustee, against Ingham University. There was a judgment in favor of plaintiff, and defendant appeals. Plaintiff moves to strike the cause from the calendar, and for affirmance. Denied.
1Opinion of the CourtHaight, J.
So much confusion exists with reference to the disposing of appeals in this court, on account of the delay in the *221■prosecution thereof, that we have thought it wise to restate the .practice.
An appeal cannot be dismissed on account of the failure of the appellant to serve a case and exceptions within the time prescribed therefor. The only effect of such omission is to leave the party to argue his appeal on the judgment roll. Schwarz v. Weber, 103 N. Y. 658, 8 N. E. 728; Berger v. Dubernet, 7 Rob. (N. Y.) 1; Brown v. Hardie, 5 Rob. (N. Y.) 678; Rankin v. Pine, 4 Abb. Pr. 309.
Buie 33 provides…
2Cases cited6 opinions
- Rankin v. PineNew York Court of Common Pleas · 1857
- Phelps v. SwanThe Superior Court of New York City · 1870
- Affirmance on DefaultThe Superior Court of New York City · 1869
- Schwarz v. . WeberNew York Court of Appeals · 1886
- Sun Mutual Insurance v. DwightNew York Court of Common Pleas · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Waldo v. SchmidtNew York Supreme Court · 1909