Mallery v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by Cortlandt H. Mallery against the Interurban Street Railway Company. From a judgment for plaintiff, defendant appeals.. Affirmed.
1Per curiam
In this action, as in a number of others, the appellant, conceding that, under the recent decision of the Court of Appeals in Griffen v. Interurban Street Railway Company, 179 N. Y. 438, 72 N. E. 513, it cannot prevail upon this appeal, seeks leave to withdraw the appeal without costs, or upon other conditions involving the payment of' less than the full statutory costs upon the affirmance of a judgment. The-allowance of costs in this court upon appeals from the Municipal Court-is regulated by statute, and the court is given no discretion except when-the judgment or final order appealed from…
2Cases cited3 opinions
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- MacKay v. . LewisNew York Court of Appeals · 1878
- Brown v. SimmonsNew York Court of Common Pleas · 1888