Carraher v. Carraher
The Superior Court of New York City
Motion to dismiss an appeal for want of prosecution. i . The judgment was entered and roll filed and appeal taken therefrom by the defendant in J une, 1870. In November, 1S71, the respondent on motion at special term obtained an order declaring the case on appeal abandoned, and he now moves upon the order and upon the judgment roll to dismiss the appeal.
1Opinion of the CourtFreedman, J.
Although the respondent, in conformity with the practice laid down by this court in “Phelps v. Swan, 2 Sweeny, 696, has obtained an order of the special term declaring the case upon appeal abandoned, it by no means follows that upon a production of a certified copy of that order and a mere reference to the judgment roll on file in the office of. the clerk, we can, on a motion to dismiss, dispose of the appeal in this case against the objection of the appellant. The decision of the case referred to does not go to this extent. The real question involved therein was whether the general term has…
2Cases cited2 opinions
- Phelps v. SwanThe Superior Court of New York City · 1870
- Ward v. Central Park, North & East River RailroadThe Superior Court of New York City · 1870