Passey v. Craighead
New York Supreme Court
Appeal from Westchester county court. Action by George H. Passey against Horace Craighead to recover damages for the bite of a dog alleged to have been kept and maintained by defendant on his premises. Judgment was entered on a verdict in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtBrown, P. J.
Thé facts in this case are not before the court for review. While the notice of appeal purports to be from an order denying a motion for a new trial, there is no such order in the case. The record states that a motion for a new trial was made upon the judge’s minutes, and denied, and there is an exception to that ruling. That exception is not, however, available to the appellant on an appeal from the judgment. The facts can only be reviewed upon an appeal from an order denying a motion for a new trial, and, to give the court jurisdiction to hear such an appeal, the order denying the motion…
2Cases cited1 opinion
- Wheelock v. . LeeNew York Court of Appeals · 1876
3Cited by1 opinion
- Gibson v. DentonAppellate Division of the Supreme Court of the State of New York · 1896