Taylor v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10,1898, affirming a judgment in favor of plaintiff entered upon a verdict, and from an order of said Appellate Division entered January 10, 1898, striking from the notice of appeal the words “ and it is the intention of the appellant herein to bring up for review before this Court the order denying appellant’s motion for a new trial, dated and entered in…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10,1898, affirming a judgment in favor of plaintiff entered upon a verdict, and from an order of said Appellate Division entered January 10, 1898, striking from the notice of appeal the words “ and it is the intention of the appellant herein to bring up for review before this Court the order denying appellant’s motion for a new trial, dated and entered in the office of the clerk of the County of Erie on the 21st day of January, 1891, and the whole and every part thereof.”…
1Opinion of the Court
Parker, Ch. J.
The jury having rendered a verdict in favor of the plaintiff on the trial of this action, defendant’s counsel moved the court upon its minutes for a new trial on the grounds specified in section 999 of the Code, which motion was denied and an order to that effect' entered. Subsequently judgment was entered, from which the defendant appealed to the Appellate Division, stating in the notice of appeal his intention “ to bring up for review before this court the order denying appellant’s motion for a new trial.” The plaintiff moved that court to strike from the notice of appeal the…
2Cases cited2 opinions
- Matter of De CampNew York Court of Appeals · 1897
- Fox v. . MatthiessenNew York Court of Appeals · 1898
3Cited by3 opinions
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
- Herb v. Metropolitan Hospital & DispensaryAppellate Division of the Supreme Court of the State of New York · 1903
- Fisk v. WarnerNew York Supreme Court · 1943