Legal Opinion

Benedict Burnham Manufacturing Company v. . Thayer

New York Court of Appeals

Decided September 28, 1880PublishedCited by 2 opinions

This was a motion to dismiss an appeal. The case is reported below (21 Hun, 614). No undertaking was given on the appeal) no return had been filed and no steps taken in this court. Held, that no appeal was pending (Code of Civil Procedure, § 1326; Raymond v. Richmond, 76 N. T. 106), and, therefore, there was none to dismiss.

1Per curiam

opinion for denial of motion.

All concur, except Folger Ch. J., Rapadlo and Finch, JJ., dissenting.

Motion denied.

2Cited by2 opinions

  1. Carling v. PurcellNew York Court of Common Pleas · 1893
  2. Ferris v. TannebaumNew York Court of Common Pleas · 1891