Jaeger v. Koenig
City of New York Municipal Court
This is an appeal from an order denying a motion made by the defendant to direct the referee, to whom the issues were referred to hear and determine, to resettle the case on appeal to the General Term of this court.
1Opinion of the CourtConlan, J.
The motion to resettle the ease before the referee shordd have been made at General Term, and was, therefore, properly denied at Special Term (17 Civ. Pro. 54), but, inasmuch as the whole record is before us, we think it proper to consider the questions presented below as if they had been presented to us in the first instance. The defendant asks to have the case resettled and. presents two subjects of error, claiming: Eirst, That he was entitled, after the plaintiff was allowed to amend his complaint to conform to the proofs, to renew his motion to dismiss the complaint, and to have the…
2Cases cited2 opinions
- New York Rubber Co. v. . RotheryNew York Court of Appeals · 1889
- Kamermann v. Eisner & Mendelson Co.City of New York Municipal Court · 1898