Dabney v. Stevens
The Superior Court of New York City
The action was brought against the defendants as trustees of the Simpson Water-proof Manufacturing Company, upon an alleged liability incurred by them, in consequence of their failure to make, file, and publish the annual report required by law. The answers of the defendants, as amended on the trial, put in issue all the material allegations of the complaint.
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The action was brought against the defendants as trustees of the Simpson Water-proof Manufacturing Company, upon an alleged liability incurred by them, in consequence of their failure to make, file, and publish the annual report required by law. The answers of the defendants, as amended on the trial, put in issue all the material allegations of the complaint. The issues were referred to a referee to hear, try, and determine the same, who found as follows: “ I find as a matter of fact that on the first day of February, 1864, the above-named defendants filed in the office of the clerk of the…
1Opinion of the Court
By the Court:
Freedman, J.
The appeal papers submitted in this case have been prepared in a very objectionable form. They contain not only all the exceptions taken by the four appellants, which are very numerous, fiut also the exceptions of the respondents, which are equally numerous. Such practice, being calculated to mislead, imposes upon the court at General Term much additional and superfluous labor. This should not be done. An exception taken during the progress of a trial by a party who finally succeeded, is improperly incorporated into the printed case, unless its insertion can be…
2Cases cited18 opinions
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
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3Cited by1 opinion
- Miners & Merchants' Bank v. Ardsley Hall Co.Appellate Division of the Supreme Court of the State of New York · 1906