Tinsley v. Jemison
Appellate Division of the Supreme Court of the State of New York
Motion by the respondent, Elbert S. Jemison, to dismiss an appeal pending before the Appellate Division of the Supreme Court for the second judicial department.
1Opinion of the Court
Willard Bartlett, J.:
This motion is not based upon any occurrence in the present action, but arises out of the proceedings which have been had in the Circuit Court of the United States in a suit subsequently brought to trial between the same parties. In the present action the plaintiff sought to set aside a certain contract relating to securities or obligations of the city of Houston, in Texas. He was unsuccessful at Special Term and has taken the appeal which we are now asked to dismiss. In the suit in the Federal court the defendant herein, *38together with others, sought to recover damages…
2Cases cited1 opinion
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
3Cited by1 opinion
- Hynes v. HawesAppellate Division of the Supreme Court of the State of New York · 1901