Tuomy v. . Dunn
New York Court of Appeals
The nature of the appeal and the facts appear sufficiently in the opinion. The order appealed from affected a substantial right, and .is appealable. (Code Civil Procedure, § 190, sub. 2; Fredericks v. Taylor, 52 N. Y., 596.) The objection that the action had not been revived was fatal to plaintiff’s right to the order appealed from.
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The nature of the appeal and the facts appear sufficiently in the opinion. The order appealed from affected a substantial right, and .is appealable. (Code Civil Procedure, § 190, sub. 2; Fredericks v. Taylor, 52 N. Y., 596.) The objection that the action had not been revived was fatal to plaintiff’s right to the order appealed from. (Reid v. Butler, 11 Abb., 128; Code Civil Procedure, § 1210.) Defendant had a right to enter the judgment nunc pro tuno as of a day prior to defendant’s death. (4 Barb., 504; Rightmeyer v. Durham, 12 Wend., 245, 543; 4 Cow., 423; 15 Abb., 227; 11 id., 128; Willard…
1Opinion of the CourtDanfobti-i, J.
On the 24th day of March, 1876, the plaintiff obtained a verdict against the defendant at a trial term of the Superior Court of the city of New York, but judgment was suspended until exceptions, taken by the defendant, could be heard at General Term. They were argued in November, 1876. Afterwards the defendant died, and thereafter, in May, 1877, the exceptions were overruled and judgment ordered on the verdict. The plaintiff thereupon, following the practice prescribed by sections .1210 and 763 of the Code, entered up judgment in the names of the original parties. On the first Monday of…
2Cases cited2 opinions
- Crawford v. WilsonNew York Supreme Court · 1848
- Ryghtmyre v. DurhamNew York Supreme Court · 1834
3Cited by3 opinions
- Long v. . StaffordNew York Court of Appeals · 1886
- Wasson v. Hoff, New York County Courts1899
- Polizotti v. PolizottiAppellate Division of the Supreme Court of the State of New York · 1952