Gelder v. International Ore Treating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, International Ore Treating Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of November, 1911, denying the defendant’s motion to compel the plaintiff’s attorney to accept the defendant’s proposed case on appeal.
1Opinion of the Court
Miller, J.:
On the trial of this action the jury found a verdict for the plaintiff. Thereupon defendant moved to set it aside and for a *638new trial, pursuant to section 999 of the Code of Civil Procedure. The trial justice reserved decision with the statement that he would announce the decision from the bench the following morning, at which time a decision denying the motion was-announced. Plaintiff caused a judgment to be entered and notice thereof to be served on defendant’s attorney. The defendant appealed from the judgment but neglected to make and serve a case within the time allowed;…
2Cases cited2 opinions
- Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Callahan v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Rakich v. LawesAppellate Division of the Supreme Court of the State of New York · 1992
- Fisk v. WarnerNew York Supreme Court · 1943
- Kurajean v. MurrayAppellate Division of the Supreme Court of the State of New York · 1940