Swart v. . Rickard
New York Court of Appeals
Appeal from order of the General Term, of the Supreme Oourt in the third judicial department, made December 6, 1893, which reversed, upon a question of law only, a judgment in favor of defendant entered upon a verdict and granted a new trial. The complaint contained two counts or causes of action, one for false imprisonment and the other for malicious prosecution. Both were based upon and alleged to have arisen out of the same transaction.
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Appeal from order of the General Term, of the Supreme Oourt in the third judicial department, made December 6, 1893, which reversed, upon a question of law only, a judgment in favor of defendant entered upon a verdict and granted a new trial. The complaint contained two counts or causes of action, one for false imprisonment and the other for malicious prosecution. Both were based upon and alleged to have arisen out of the same transaction. The answer contained a general •denial and allegations of certain facts and circumstances which were set up both as a complete and as a partial defense to…
1Opinion of the CourtMartin, J.
As no order denying the plaintiff’s motion for a new trial was entered or is contained in the record, none of the questions sought to be raised by that motion was presented to the General Term, and the absence of such an order is not supplied by the recital in the record that such a motion was made, nor by the notice of appeal, which states that an appeal was taken from the order as well as from the judgment. (Richardson v. Hartmann,68 Hun, 9; Maas v. Ellis, 12 N. Y. Civ. Pro. Rep. 323; Jagau v. Goetz, 11 Misc. R. 381; Bradley Fertilizer Co. v. South Publishing Co., 4 Misc. R. 172; Zapp v.…
2Cases cited3 opinions
- Zapp v. . MillerNew York Court of Appeals · 1888
- Pratt v. BogardusNew York Supreme Court · 1867
- Richardson v. HartmannNew York Supreme Court · 1893
3Cited by22 opinions
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- Jones v. FosterAppellate Division of the Supreme Court of the State of New York · 1899
- Vittorio v. St. Regis Paper Co.New York Court of Appeals · 1924
- People ex rel. Travis v. KnottAppellate Division of the Supreme Court of the State of New York · 1923
- People v. CramerAppellate Division of the Supreme Court of the State of New York · 1897
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