Drake v. New York Iron Mine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Iron Mine and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Queens on the 18th day of November, 1898, granting the plaintiff leave to file the conclusions of law presented by him to the justice presiding at the trial of the action and refused by him, nunc pro time as of the 25th day of October,. 1894, and directing them to be annexed to the…
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Appeal by the defendants, The New York Iron Mine and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Queens on the 18th day of November, 1898, granting the plaintiff leave to file the conclusions of law presented by him to the justice presiding at the trial of the action and refused by him, nunc pro time as of the 25th day of October,. 1894, and directing them to be annexed to the judgment roll filed in the action, and granting leave to the plaintiff to file and serve amended exceptions in lieu of those'…
1Opinion of the Court
Hatch, J. :
■ This case was tried before Mr. Justice Willard Bartlett and his decision rendered therein dismissing the plaintiff’s complaint on the 25th day of October, 1894. From the judgment entered thereon the plaintiff appealed to the General Term of the Supreme Court, where the judgment was affirmed. From the judgment of affirmance the plaintiff appealed to the Court of Appeals, which court dismissed the appeal upon the ground that the appeal being upon the *72judgment roll alone, and no case being made containing the evidence, exceptions to the findings of fact by the trial court presented:…
2Cases cited3 opinions
- Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
- Hamlin v. . SearsNew York Court of Appeals · 1880
- Drake v. . New York Iron MineNew York Court of Appeals · 1898
3Cited by2 opinions
- In re the Accounting of ReadAppellate Division of the Supreme Court of the State of New York · 1978
- Ayton v. BeanAppellate Division of the Supreme Court of the State of New York · 1983