Orlando v. del Piano
Appellate Terms of the Supreme Court of New York
Motion by plaintiff-respondent to dismiss appeal for failure, to procure the filing of the justice’s return. .
1Opinion of the CourtMcAdam, J.
The motion came on to be heard April 26, 1897, and it was conceded that the return had not been' filed; whereupon, on application of the appellants, the disposition of the motion was postponed to April 29tli, in order to enable them to procure the filing' of the return in the meantime, that the appeal might be heard on the adjourned day.
Upon the last-named day it appeared that the justice had on April 28th filed a return, in which it is stated that the action'is for goods sold and delivered, and the. answer a general denial, and that the trial resulted in a judgment in favor of the plaintiff…
2Cases cited4 opinions
- Phillip v. . GallantNew York Court of Appeals · 1875
- Carman v. . PultzNew York Court of Appeals · 1860
- Hughes v. HughesNew York Court of Common Pleas · 1894
- Norton v. MatthewsThe Superior Court of New York City · 1895