Murray v. Jones
City of New York Municipal Court
Appeal from trial term. This is an action upon an undertaking given by the defendant on an appeal to the court of appeals from a judgment of the supreme court in favor of this plaintiff, Margaureit A. Murray, who was defendant in the supreme court suit against William F. Barks, who was plaintiff therein.
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Appeal from trial term. This is an action upon an undertaking given by the defendant on an appeal to the court of appeals from a judgment of the supreme court in favor of this plaintiff, Margaureit A. Murray, who was defendant in the supreme court suit against William F. Barks, who was plaintiff therein. The appeal was dismissed in the court of appeals, the remittitur returned to the supreme court, and an order was made by Mr. Justice Lawrence making the judgment of the court of appeals the judgment of the supreme court. Judgment was thereupon duly entered, and the costs taxed, as appears…
1Opinion of the Court
Nehrbas, J.,
(after stating thefaets as above.) The record has not been carefully prepared. The orders of the supreme court should have appeared in full, as they are very material on this appeal. We must therefore consider them properly made in every respect, and as containing every requisite which the statute prescribes; otherwise the appellant would have printed them in extenso. This applies specially to the order making the judgment of the court of appeals the judgment of the supreme court. Section 194 of the Code requires that “the judgment or order of the court of appeals must be remitted…
Also in this document: Concurrence.
2Cases cited2 opinions
- Newton v. HarrisNew York Supreme Court · 1850
- Seacord v. MorganNew York Supreme Court · 1859
3Cited by1 opinion
- Orr v. HopkinsNew Mexico Supreme Court · 1884