Clendenning v. Lindner
The Superior Court of the City of New York and Buffalo
Action by William W. Clendenning against Richard Lindner. The judgment in favor of plaintiff was affirmed on appeal (30 N. Y. Supp. 543), and defendant now moves to resettle the case before an appeal to the court of appeals.
1Opinion of the CourtMcADAM, J.
The case herein was settled, printed, and argued at the general term, where the judgment appealed from was affirmed. The defendant proposes to appeal to the court of appeals, and desires the trial judge to amend the case on appeal, by striking out certain matter therein contained and inserting other matter in its place. This cannot be done. The court of appeals can review the action of the general term only on the case the general term had before it. Catlin v. Cole, 19 How. Pr. 82; Fitch v. Livingston, 7 How. Pr. 410; Fish v. Wood, 2 Abb. Pr. 419; Porter v. Parks, 2 Hun, 675. The case in the…
2Cases cited8 opinions
- Johnson v. . WhitlockNew York Court of Appeals · 1856
- Westcott v. . ThompsonNew York Court of Appeals · 1858
- Witbeck v. WaineNew York Supreme Court · 1853
- Catlin v. ColeNew York Supreme Court · 1860
- Fish v. WoodNew York Court of Common Pleas · 1856
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