Citron v. Bayley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Selig Citron and another, composing the firm ofiS. Citron & Co., from judgments of the Supreme Court in favor of the defendants, entered respectively in the office of the clerk of the county of New York on the 16th and 24th days of Hay, 1898, upon the dismissal of the complaint as to all of the defendants by direction of the court after a trial at the New York Trial Term, and also from orders entered in -said clerk’s office on the 4th day of April,…
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Appeal by the plaintiffs, Selig Citron and another, composing the firm ofiS. Citron & Co., from judgments of the Supreme Court in favor of the defendants, entered respectively in the office of the clerk of the county of New York on the 16th and 24th days of Hay, 1898, upon the dismissal of the complaint as to all of the defendants by direction of the court after a trial at the New York Trial Term, and also from orders entered in -said clerk’s office on the 4th day of April, and the 18th day of May, 1898, respectively, dismissing the complaint.
1Opinion of the Court
Van Brunt, P. J.:
The appeals from the orders must be dismissed, as there is no authority under the Code for an appeal from an order of this description. The review of the ruling of the court is by appeal from the judgment.
Although the pleader, in drawing the complaint in this action, does not seem to have had any definite idea as to the ground upon which a recovery could be had, yet we think that sufficient is alleged in the complaint-to make out causes of action as against all rhe defendants. The complaint. alleges that the defendants Bayley, Beekman, Lawrence and Halsey were the owners of…
2Cases cited1 opinion
- Swords v. . EdgarNew York Court of Appeals · 1874
3Cited by4 opinions
- Indianapolis Abattoir Co. v. TemperlyIndiana Supreme Court · 1902
- Leonard v. GuntherAppellate Division of the Supreme Court of the State of New York · 1900
- Kromback v. Pennsylvania Steel Co.Appellate Terms of the Supreme Court of New York · 1903
- Stoutenburgh v. SvecenskiAppellate Terms of the Supreme Court of New York · 1912