Harnett v. Westcott
The Superior Court of the City of New York and Buffalo
Appeal from jury term; P. H. Dugro, Judge. Action by Richard V. Harnett against Robert E. Westcott, as president of Westeott’s Express Company, to recover the value of a trunk and its contents. Verdict and judgment for plaintiff for $690, from which judgment, and an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtFreedman, J.
This case comes before the court (1) on a motion made by the plaintiff to dismiss defendant’s appeal from the judgment on the ground that, at the time of the service of the notice of appeal, the defendant’s time to appeal from the judgment had expired; and (2) on plaintiff’s appeal from an order staying all proceedings to enforce the judgment until after the determination of defendant’s appeal, which was from the judgment and an order denying defendant’s motion for a new trial.
The plaintiff’s right to have defendant’s appeal from the judgment dismissed on the ground that it was not taken in…
2Cases cited4 opinions
- Kelly v. . SheehanNew York Court of Appeals · 1879
- Kilmer v. . HathornNew York Court of Appeals · 1879
- Falker v. New York, West Shore & Buffalo Railway Co.New York Court of Appeals · 1885
- Fortsmann v. ShultingNew York Court of Appeals · 1887
3Cited by1 opinion
- Harnett v. WestcottThe Superior Court of the City of New York and Buffalo · 1890