Martin v. Kanouse
New York Supreme Court
Motion to dismiss an appeal. For the facts out of which this action arose, see Ante, 327,330. I.A. S. Garr being a defendant in the action, (though the plaintiff wrongfully refused to recognize and treat him as such) and being aggrieved by the order, had a right to appeal from it. (Code, § 325; Maltison v. Jones, 9 Sow. Pr. P., 152.) II. This appeal was not vitiated by Kanouse’s being joined in it pro forma. (Voorhies’ Code, 4 th ed. 513, note g.) III.
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Motion to dismiss an appeal. For the facts out of which this action arose, see Ante, 327,330. I.A. S. Garr being a defendant in the action, (though the plaintiff wrongfully refused to recognize and treat him as such) and being aggrieved by the order, had a right to appeal from it. (Code, § 325; Maltison v. Jones, 9 Sow. Pr. P., 152.) II. This appeal was not vitiated by Kanouse’s being joined in it pro forma. (Voorhies’ Code, 4 th ed. 513, note g.) III. The order staying Kanouse’s proceedings is applicable only to the then existing suit, and not to the appeal, which is a new action. (Kanouse…
1Opinion of the CourtMitchell, J.
Martin obtained by assignment a judgment against Kanouse, and then commenced his action to offset that judgment against one or more other judgments which Kanouse had obtained against him for costs; and he obtained an injunction to prevent Kanouse from collecting his judgment. Garr, the attorney of Kanouse in the actions in which judgments were obtained by Kanouse, claimed that the judgments being for costs only, belonged to him, and applied to the special term to dissolve the injunction and for other and further and other relief. His motion was* denied and he appealed to the general *392term,…
2Cited by5 opinions
- Foster v. WoodNew York Court of Common Pleas · 1866
- Attorney-General v. North America Life InsuranceNew York Supreme Court · 1878
- Spiero v. Metropolitan St. Ry. Co.New York Court of Common Pleas · 1895
- In re DittmanAppellate Division of the Supreme Court of the State of New York · 1901
- Smith v. ChenowethCity of New York Municipal Court · 1886