Brown v. Niess
New York Court of Common Pleas
This action was brought by James A.. Brown against Margaretta Niess. It now came before the court on defendant’s-motion to set aside for irregularity a judgment of affirmance rendered at general term.
1Opinion of the CourtJ. F. Daly, J.
Defendant appealed to the general term of this court from a judgment entered on the report of a referee. The case on appeal was settled October 25, 1873, and filed December 19, 1873. Due notice of argument for-January general term, 1874, was given by respondent, and service admitted by appellant’s attorney. Note of issue was duly filed for January term, 1874. No printed copies of the case were ever served by appellant on respondent, as required by rule 50. Respondent did not make any motion to dismiss the appeal under rule 50. When the cause was regularly reached in its order on the general…
2Cases cited4 opinions
- Pope v. DinsmoreNew York Supreme Court · 1859
- Phelps v. SwanThe Superior Court of New York City · 1870
- Affirmance on DefaultThe Superior Court of New York City · 1869
- Oeters v. GroupeThe Superior Court of New York City · 1862
3Cited by2 opinions
- Sayer v. KirchhofNew York Court of Common Pleas · 1893
- Ennis v. CurryNew York Supreme Court · 1880