McBratney v. Rome, Watertown & Ogdensburg Railroad
New York Court of Appeals
Appeal by plaintiff from an order of the General Term of the Supreme Court, in the fourth judicial department, made April 24, 1879, which reversed an order of General Term vacating and setting aside an order of discontinuance entered herein. (Reported below, 19 Hun, 385.) This action was brought to recover a penalty under the act to prevent extortion by railroad companies.
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Appeal by plaintiff from an order of the General Term of the Supreme Court, in the fourth judicial department, made April 24, 1879, which reversed an order of General Term vacating and setting aside an order of discontinuance entered herein. (Reported below, 19 Hun, 385.) This action was brought to recover a penalty under the act to prevent extortion by railroad companies. (Chap. 185, Laws of 1857.) The circumstances under which the-order of discontinuance was entered are stated in the opinion. The so-called entry of the order of discontinuance was in violation of law. (Code of Civil…
1Opinion of the Court
Andrews, Ch. J.
The order of the General Term from which this appeal is taken, reversed an order of the Special Term, setting aside an order discontinuing the action without costs to either party, entered as of course exporte, and without the special direction of the court, upon filing a release of the cause of action, and of the costs therein, signed by the plaintiff in person, to which was appended a stipulation on her part, discontinuing the action, and consenting to the entry of an order of discontinuance, on filing the stipulation. The Special Term set aside the order, on the ground that…
2Cases cited2 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Averill v. . PattersonNew York Court of Appeals · 1853
3Cited by6 opinions
- Harper v. StrongSupreme Court of Florida · 1938
- Russell v. Harriman Land Co.U.S. Circuit Court for the District of Eastern New York · 1906
- Oliwill v. VerdenhalvenCity of New York Municipal Court · 1889
- Williams v. WilsonAppellate Terms of the Supreme Court of New York · 1896
- Hotaling v. SchermerhornNew York Supreme Court · 1899
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