Union India Rubber Co. v. Babcock
The Superior Court of New York City
Motion for judgment upon remittitur from the Court of Appeals. The plaintiffs sued on a money demand arising on account' of goods sold, and upon the report of a referee, judgment was ordered for the plaintiffs for thirteen hundred and fifty-two dollars, ninety-two cents, including costs. Both parties appealed to the General Term. Both appeals were dismissed and the judgment below affirmed. The defendant then appealed to the Court of Appeals.
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Motion for judgment upon remittitur from the Court of Appeals. The plaintiffs sued on a money demand arising on account' of goods sold, and upon the report of a referee, judgment was ordered for the plaintiffs for thirteen hundred and fifty-two dollars, ninety-two cents, including costs. Both parties appealed to the General Term. Both appeals were dismissed and the judgment below affirmed. The defendant then appealed to the Court of Appeals. But he having served no printed copies of the case, the appeal was dismissed by the respondent by an order entered of course. In accordance with the…
1Opinion of the CourtHoefhah, J.
The plaintiffs recovered a judgment against the defendant, on the 22d day of December, 1853, for the sum of $1353 92. This was an affirmance by the General Term, of a judgment obtained at Special Term on the 9th of July, 1853. The defendant appealed to the Court of Appeals, on the 24th of December, 1853. And on the 4th of December, 1854, an order of that court was made, dismissing the appeal, with costs, for want of service of printed copies of the case, as required by the 7th rule of that court, more than forty days having elapsed since the appeal was perfected. The order also directed the…
2Cases cited4 opinions
- Legg v. OverbaghCourt for the Trial of Impeachments and Correction of Errors · 1830
- Hosack v. RogersNew York Court of Chancery · 1838
- Dale v. RoseveltNew York Supreme Court · 1828
- Lyon ex. dem. Eden v. BurtisNew York Supreme Court · 1824