Fowler v. New York Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Fowler, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of March, 1921, determining that plaintiff has waived his right to make a case on appeal herein and declaring the case and appeal abandoned.
1Opinion of the Court
Dowling, J.:
The order appealed from grants a motion made by respondent to declare that the plaintiff has waived his right to make a case herein and to declare the case and appeal abandoned, because of the plaintiff’s failure to make a case on appeal and to have the same settled and signed by the justice before whom the action Was tried, pursuant to section 997 of the Code of Civil Procedure and rule 32 of the General Rules of Practice, within the time limited therefor.
Section 997 of the Code of Civil Procedure provides that a party intending to appeal from a judgment rendered after a trial of…
2Cases cited2 opinions
- Rothschild v. Rio Grande Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Wheeler v. McCabeNew York Court of Common Pleas · 1874
3Cited by1 opinion
- Kittel v. SilverAppellate Division of the Supreme Court of the State of New York · 1921