Bissel v. . Hamlin
New York Court of Appeals
Motion to dismiss the appeal. The action was brought in the Supreme Court to recover the value of services alleged to have been rendered by the plaintiff for the defendant, in the taking of depositions and examinations in a suit which the defendant had with certain other persons. The present case was tried before a referee who found the sum of $23 due to the plaintiff, and judgment was entered on that finding.
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Motion to dismiss the appeal. The action was brought in the Supreme Court to recover the value of services alleged to have been rendered by the plaintiff for the defendant, in the taking of depositions and examinations in a suit which the defendant had with certain other persons. The present case was tried before a referee who found the sum of $23 due to the plaintiff, and judgment was entered on that finding. The plaintiff appealed, and the judgment was reversed at the general term, and a new trial ordered. On the second trial before the same referee, the plaintiff recovered the sum of…
1Opinion of the Court
By the Court, Comstock, J.
The Appeal Book handed up which has been prepared for the argument of the cause in this court, exhibits an entire disregard of the requirements of law and of the repeated decisions of this court, respecting the mode of preparing causes for review. After the pleadings, it contains in the first place nearly fifty pages of the evidence given at the first trial. The next entries are the report of the referee on that trial: the judgment therein: the appeal to the general term and the order reversing the judgment and awarding a new trial. All this is wholly useless and…
2Cases cited1 opinion
- Otis v. . SpencerNew York Court of Appeals · 1858
3Cited by4 opinions
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Green v. . CastleburySupreme Court of North Carolina · 1874
- Griggs v. DayNew York Supreme Court · 1897
- Zelinka v. KrauskopfNew York Marine Court · 1877