Arbitration of Poole v. Johnston
New York Supreme Court
MotioN to dismiss an appeal for a failure to serve printed papers, as that has been required by the general rules of this court. In the spring of 1883 an appeal was taken in this matter from an order confirming the report of arbitrators and from the judgment entered thereon. At the October General Term a motion was made to dismiss the appeal upon the ground that no papers had been served as required by the general rules.
Read the full summary
MotioN to dismiss an appeal for a failure to serve printed papers, as that has been required by the general rules of this court. In the spring of 1883 an appeal was taken in this matter from an order confirming the report of arbitrators and from the judgment entered thereon. At the October General Term a motion was made to dismiss the appeal upon the ground that no papers had been served as required by the general rules. Upon the hearing of this motion an order was made dismissing the appeal unless papers should be served within twenty days. Before the expiration of that time a proposed case…
1Opinion of the Court
Daniels, J.:
In answer to the motion it has been shown that a case has been served containing proceedings before the arbitrators, to which amendments have not been proposed, and which has not been settled. If such a case is a proper proceeding to present the points upon which the appeal may be dependent, then the appellant is not in default; but if a case is not required then the rules of the court have not been complied with. By section 2381 of the Code of Civil Procedure, an appeal has been authorized from an order vacating an award, and from a judgment entered upon it, as from an order or…
2Cases cited1 opinion
- Ketcham v. WoodruffNew York Supreme Court · 1857