Bishop v. Empire Transportation Co.
The Superior Court of New York City
Appeal from order denying plaintiffs’ motion to set aside judgment dismissing their complaint for irregularity.
1Opinion of the Court
By the Court.—Freedman, J.
Plaintiffs’ notice of motion did not specify, as required by rule 46, the irregularity complained of, and for such defect alone the order appealed from might be affirmed (Lewis v. Graham, 16 Abb. Pr. 126).
It appearing, however, that the motion was decided upon the merits, we have examined the question discussed below.
The action, being an ordinary action at law, was tried, with the consent of the parties, by a judge of this court without a jury, and the sole ground of the motion was that the said judge, in rendering his decision by which the complaint was dismissed on…
2Cases cited13 opinions
- Bank of Orange v. BrownNew York Supreme Court · 1829
- Stuart v. SimpsonNew York Supreme Court · 1828
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Pratt v. HullNew York Supreme Court · 1816
- Bridger v. . WeeksNew York Court of Appeals · 1864
8 more not listed; retrieve them via the Exa API.