Dresser v. Brooks.
New York Court of Appeals
Appeal from a judgment of the supreme court, brought Sept. I, 1848. The appellant did not serve printed copies of.the case, and on the 14th of August, 1849, the respondent entered an order dismissing the appeal for want of prosecution, with costs, pursuant to the 7th rule of the court; and the case was remitted to the court below where execution was issued on the judgment, with costs of the appeal, amounting to $85,13-; of which $25 was for costs before argument, and $50 for…
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Appeal from a judgment of the supreme court, brought Sept. I, 1848. The appellant did not serve printed copies of.the case, and on the 14th of August, 1849, the respondent entered an order dismissing the appeal for want of prosecution, with costs, pursuant to the 7th rule of the court; and the case was remitted to the court below where execution was issued on the judgment, with costs of the appeal, amounting to $85,13-; of which $25 was for costs before argument, and $50 for argument. (Code, § 307.) moved to set aside all the respondent’s proceedings for irregularity. The 7th rule was not…
1Opinion of the Court
Bronson, Ch. J.
The appeal was pending when the 7tn rule was adopted, and when it took effect: the respondent w’aited forty days after the rule took effect, and no copies of the case having been served within that time, he then proceeded, under the 7th rule, and entered an order dismissing the appeal. The first question is, whether the 7th rule applies to such a case, or whether it is governed by the former practice. (See Rule 19.) A majority of the judges are of opinion that the rule applies; and consequently, that the appeal was regularly dismissed.
2. After a réturn has been filed, we think…
2Cited by2 opinions
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