Ditmas v. McKane
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James McKane and others, from an order of the Supreme Court, made at'Special Term, denying the defendants’ motion to resettle the case on appeal in this action.
1Opinion of the Court
Woodward, J.:
The proposed case on appeal contained a statement at length of motions for judgment alleged to have been made at the close of the case by defendants Fanny McKane, George W. Roderick, Theodore McKane and George FT. McKane, and specifying the grounds of such motion. Plain tiff’s proposed amendment struck out the whole of that portion of the case upon the ground that no such motions were ever made. The trial court allowed the amendment and struck out the matter as improperly in, the case. George W. Roderick thereupon moved to resettle the case and to restore the rejected matter to…
2Cases cited1 opinion
- McManus v. Western Assurance Co. of TorontoAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- People v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1954
- Thomas v. American Molasses Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Burke v. BakerAppellate Division of the Supreme Court of the State of New York · 1905
- Burke v. BakerAppellate Division of the Supreme Court of the State of New York · 1906
- People v. LaracuenteAppellate Division of the Supreme Court of the State of New York · 1988
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