Doty v. Brown
New York Supreme Court
—In this case the plaintiff appealed to the Court of Appeals from the judgment of this court and perfected his appeal. But the bill of exceptions was alone returned by the clerk to the Court of Appeals, without the record, and the respondent moved to dismiss the appeal for that reason; which motion was granted with $10 costs, and also the costs of the appeal, and ordered a remittitur to this court: and it is claimed that no remittitur can be granted under the 12th section of…
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—In this case the plaintiff appealed to the Court of Appeals from the judgment of this court and perfected his appeal. But the bill of exceptions was alone returned by the clerk to the Court of Appeals, without the record, and the respondent moved to dismiss the appeal for that reason; which motion was granted with $10 costs, and also the costs of the appeal, and ordered a remittitur to this court: and it is claimed that no remittitur can be granted under the 12th section of the code in such a case; and the respondent now moves for judgment at special term, and the same is opposed.
1Opinion of the Court
Mason, Justice.
—This case comes before the court on motion for judgment upon a remittitur from the Court of Appeals to this Court. The Court of Appeals dismissed the appeal from this court with the costs of appeal and ten dollars costs of motion, and have sent the remittitur to this court to be proceeded upon according to law. The defendant’s counsel claim and insist that the Court of Appeals never acquired any jurisdiction over the subject-matter of the cause, and consequently had no jurisdiction to dismiss the appeal, and award the general costs on the appeal. The plaintiff’s counsel, on…
2Cases cited1 opinion
- Burnett v. HarknessNew York Supreme Court · 1849