Fifth Avenue Bank v. Webber
The Superior Court of New York City
Motion by defendant at Special Term to insert in a' case on appeal exceptions to rulings made at the trial,, that had not been there taken.
1Opinion of the CourtMcAdam, J.
The action was tried before Judge Freedman and a jury, and a verdict was directed in favor of the plaintiff, to which direction the defendant, excepted. The defendant now moves at special term to insert in the case on appeal three exceptions to rulings made at the trial, which exceptions were not them and there taken. The defendant claims that the failure-to take the exceptions was the result of inadvertence' and mistake, and that under section 724 of the Code the; *2court may supply the omission nunc pro tunc. This is error. That section contemplates no such delinquency in practice.
The case on…
2Cases cited6 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Simpson & Co. v. DallSupreme Court of the United States · 1866
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
- United States v. CareySupreme Court of the United States · 1884
- Grossman v. Supreme Lodge of Knights & Ladies of HonorNew York Supreme Court · 1889
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