Croveno v. . Atlantic Ave. R.R. Co.
New York Court of Appeals
This was a motion to dismiss the appeal from judgment of the Appellate Division of the Supreme Court in the second, judicial department, entered upon an order made May 8, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict, upon the grounds: 1. That by virtue of the provisions of chapter 559 of the Laws of 1896, the judgment of the Appellate Division is not appealable to this court; 2. That the decision of the Appellate Division, having been…
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This was a motion to dismiss the appeal from judgment of the Appellate Division of the Supreme Court in the second, judicial department, entered upon an order made May 8, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict, upon the grounds: 1. That by virtue of the provisions of chapter 559 of the Laws of 1896, the judgment of the Appellate Division is not appealable to this court; 2. That the decision of the Appellate Division, having been unanimous and to the effect that the verdict of the jury is supported hy the evidence, the appeal presents no question of law…
1Opinion of the CourtMartin, J.
In determining this motion it becomes necessary at the outset to consider whether the provisions of chapter 559 of the Laws-of 1896 deprive the appellant of the right to appeal in this action. Section nine of article six of the Constitution provides : “ The legislature may further restrict the jurisdiction of the Court of Appeals and the right of appeal thereto, hut the right to appeal shall not depend upon the amount involved.” Thus chapiter 559 was fully authorized hy the provisions of the Constitution, and if that statute was in force when the appieal was taken, then it is manifest that…
2Cases cited10 opinions
- In re WelmanUnited States District Court · 1844
- Hewlett v. . ElmerNew York Court of Appeals · 1886
- Blydenburgh v. . CothealNew York Court of Appeals · 1850
- Clute v. CluteNew York Supreme Court · 1846
- Small v. M'ChesneyNew York Supreme Court · 1824
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3Cited by23 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- In re the Investigation by the Regular Grand JuryAppellate Division of the Supreme Court of the State of New York · 1951
- Evansville & Terre Haute Railroad v. City of Terre HauteIndiana Supreme Court · 1903
- Matter of JonesNew York Court of Appeals · 1905
- People Ex Rel. Crane v. . HahloNew York Court of Appeals · 1920
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