Hackett v. . Campbell
New York Court of Appeals
Motion to prefer an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 14, 1896, affirming a judgment entered upon a decision of the court on trial at Special Term. The motion was made upon the ground that since the appeal was taken one of the appellants has died and that the appeal was entitled to a preference under subdivision 4, section 791 of the Code of Civil Procedure.
1Opinion of the Court
Motion denied upon the authority of Colton v. N. Y. Elevated R. R. Co. (151 N. Y. 266), without costs.
2Cases cited1 opinion
- Colton v. New York Elevated RailroadNew York Court of Appeals · 1896