Clason v. Kehoe
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Josephine F. Clason against John Kehoe and James M. Griggs, as sureties on an appeal bond. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtWoodward, J.
The learned trial court aptly says, "The question of the liability of the defendants, and the extent of such liability, has been formally determined by the late general term of this court, when the case was before it on exceptions taken on a former trial of the action (see Clason v. Kehoe, 87 Hun, 368, 34 N. Y. Supp. 431);” and we are of opinion that the judgment appealed from should be affirmed. There can be no reasonable doubt that the trial court was acting within its discretionary powers, under the provisions of section 723 of the Code of Civil Procedure, in amending the complaint at the…
2Cases cited2 opinions
- Ziegler v. TrenkmanAppellate Division of the Supreme Court of the State of New York · 1898
- Clason v. KehoeNew York Supreme Court · 1895