Legal Opinion

McFarlan v. Watson

New York Court of Appeals

Decided September 15, 1849PublishedCited by 1 opinion

—The appeal in this cause was from a judgment in the Superior Court of the city of Hew York, and from an order denying an application for a re-settlement of the bill of exceptions therein. The return of the Superior Court was filed April 11, 1849. At the last July term of this court, a motion was made by the respondent, on notice, to dismiss the appeal, so far as it related to the order appealed from. The motion was granted, with costs of the appeal and of the motion.

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—The appeal in this cause was from a judgment in the Superior Court of the city of Hew York, and from an order denying an application for a re-settlement of the bill of exceptions therein. The return of the Superior Court was filed April 11, 1849. At the last July term of this court, a motion was made by the respondent, on notice, to dismiss the appeal, so far as it related to the order appealed from. The motion was granted, with costs of the appeal and of the motion. The remittitur, containing the entire return upon the appeal from the judgment as well as from the order appealed from, was…

1Opinion of the Court

The court decided that the order of dismissal made at the July term, was not a judgment of the court, in the sense intended by the 12th section of the Code of Procedure, directing the clerk to remit the proceedings, and that the remittitur was therefore improperly made, until the appeal from the judgment had been disposed of. Motion granted.

2Cited by1 opinion

  1. Cushman v. HadfieldNew York Court of Appeals · 1873

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