Bryant v. Bryant
The Superior Court of New York City
Appeal from an order. This action was tried in October, 1864. On the 25th of that month, the justice who tried the cause made an order returnable before himself, November 2nd, for a motion for a new trial on his minutes.
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Appeal from an order. This action was tried in October, 1864. On the 25th of that month, the justice who tried the cause made an order returnable before himself, November 2nd, for a motion for a new trial on his minutes. On the return of the order, the plaintiff objected to the motion, on the grounds : 1. That the stenographer’s minutes were not the judge’s minutes; and 2. That there was not an order of the general term extending the trial term to November 2. The- justice overruled the objections, and denied the motion for a new trial. The order denying the motion for a new trial was entered…
1Opinion of the Court
By the Court.—Monell, J.
No opinion seems to have been written at the special term—but it is understood that the motion was denied on the ground that the justice conceived he had no power to allow the correction to be made, inasmuch as the notice of appeal sought to be amended correctly referred to an order in the cause which had been entered on the day mentioned in the notice ; and that, therefore, to amend the notice by inserting therein the date of another and different order, would be virtually allowing'an appeal from the latter order after the time for appealing therefrom had expired.
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2Cases cited1 opinion
- Fry v. BennettThe Superior Court of New York City · 1858