Cornell v. Donovan
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury. The action was brought to recover an attorney’s costs, on an undertaking given by defendants on obtaining an order of arrest, which order of arrest had been set aside. The facts are stated in the opinion.
1Opinion of the Court
Van Hoesen, J. —
If an appellant seeks to reverse a judgment, he must abstain from enforcing those parts of it that are in his favor, if they be so connected with or so dependent upon the parts that he assails, that they ought all to stand or fall together (McNamara v. Canada Steamship Co., 11 Daly 297; Knapp v. Brown, 45 N. Y. 210; Barker v. White, 58 N. Y. 211; Matter of N. Y. Cent. R. Co., 60 N. Y. 117).
The respondent moves to dismiss the appeal in this case on the ground that the appellant, though the judgment was in all respects-adverse to him, has pleaded it as a partial defense in an…
2Cases cited4 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Barker v. . WhiteNew York Court of Appeals · 1874
- Tullis v. BushnellNew York Court of Common Pleas · 1883
- McNamara v. Canada Steamship Co.New York Court of Common Pleas · 1882
3Cited by1 opinion
- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1902