Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John. L. Smith, individually and as executor, from a judgment of the County Court of Erie county in favor of the defendant Lyman 0. Smith, entered in the office of the clerk of said county on or about the 11th day of July, 1913, and also from an order of said court entered in the office of the clerk of said county on the 10th and 31st days of January, 1916, denying his motion for a new trial made upon the minutes.
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Appeal by the defendant, John. L. Smith, individually and as executor, from a judgment of the County Court of Erie county in favor of the defendant Lyman 0. Smith, entered in the office of the clerk of said county on or about the 11th day of July, 1913, and also from an order of said court entered in the office of the clerk of said county on the 10th and 31st days of January, 1916, denying his motion for a new trial made upon the minutes. Appeal by the defendant, Lyman 0. Smith, from an order of the Comity Court of Erie county, entered in the office of the clerk of said county on the 31st day…
1Opinion of the Court
Howard, J. :
This action was tried in the County Court of Erie county. A judgment was rendered July 11, 1913, in favor of the defendant Lyman C. Smith. An appeal to the Appellate Division of the Fourth Department was taken by the defendant John L. Smith from the judgment and from a supposed order denying a motion for a new trial. This resulted in a reversal of the judgment and supposed order and the granting of a new trial. (159 App. Div. 934.) Upon review in the Court of Appeals it was discovered by that court that the record in the Appellate Division contained no order denying a motion for a…
2Cases cited1 opinion
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1893
3Cited by2 opinions
- Woolf v. WoolfNew York Supreme Court · 1926
- Salina Construction & Supply Co. v. Richards Construction Co.New York Supreme Court · 1951