Sayer v. Kirchhof
New York Court of Common Pleas
Appeal from city court, general term. Action by William M. Sayer, Jr., and others, against William Kirchhof and others. There was a judgment in defendants’ favor at the trial term of the city court, and plaintiffs appealed to the general term. From an order of the general term of the city court dismissing the appeal for plaintiffs’ failure to prosecute it with sufficient diligence, plaintiffs appeal.
1Opinion of the CourtBischoff, J.
Plaintiffs appealed to the general term of the city court of Hew York from a judgment of the same court at trial term in favor of defendants. The case and exceptions on appeal were duly settled and filed, but copies thereof were never served up*774on respondents or their attorney. After delay for upwards of 15 months, respondents, upon due notice and an affidavit which set forth the grounds of the mótion, applied to the court below at general term for an order striking the cause from the calendar, and for judgment of affirmance for appellants’ failure to serve the papers on appeal; such a motion…
2Cases cited1 opinion
- Brown v. NiessNew York Court of Common Pleas · 1874
3Cited by1 opinion
- Willner v. Mink Restaurant Co.City of New York Municipal Court · 1908