Legal Opinion
Blydenburgh v. . Cotheal
New York Court of Appeals
Decided December 5, 1850PublishedCited by 12 opinions
moved to dismiss the appeal, on the ground that it was taken too soon. The court below gave judgment on the first day of ¡November last; but the costs were not adjusted and the judgment roll filed .until the fourth day of that month. The appeal was taken on that day before the hour when the costs were adjusted and the roll filed.
1Opinion of the Court
Bronson, Ch. J.
As a general rule the court does not inquire into the fractions of a day, except for the purpose of guarding against injustice. (Small v. McOhesney, 3 Cowen, 19. Chite v. Chite, 3 Benio, 263.) We think that a sufficient answer to this motion.
Motion denied.
2Cited by12 opinions
- Joint Council Dining Car Employees Local 370 v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1946
- Croveno v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1896
- United States v. NortonSupreme Court of the United States · 1878
- Mitchell v. SchoonoverOregon Supreme Court · 1888
- Pooley v. . City of BuffaloNew York Court of Appeals · 1890
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