Zimmermann v. Bloch
New York Court of Common Pleas
Appeal from Fifth district court. Action by Hoses Zimmermann and others against Charles Bloch. From a judgment in favor of defendant, rendered by the justice without a jury, plaintiffs appeal. Dismissed.
1Opinion of the CourtBischoff, J.
After active litigation, judgment in favor of the
in this action was rendered by the justice below, and entered on the 22d day of September, 1894. Within 20 days thereafter the plaintiffs moved before the justice that the judgment be set aside, and a new trial ordered, which motion was granted. Subsequently, on motion of the defendant, that order was vacated, and on the 15th day of December, 1894, plaintiffs instituted this appeal from the order last made. It thus appears that the appeal, if considered as taken from the judgment, was not reasonably instituted, a period of more than 20 days…
2Cases cited5 opinions
- Bloomer v. MerrillNew York Court of Common Pleas · 1865
- Schwartz v. WechlerNew York Court of Common Pleas · 1892
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Wensley v. RandolphNew York Court of Common Pleas · 1894
- Bloomingdale v. AdlerNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Burkhard v. SmithAppellate Terms of the Supreme Court of New York · 1896