Weeks v. Coe
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Count W. Weeks against E. Holloway Coe, as executor, etc. Judgment for plaintiff, and defendant appealed. Pending the appeal a new trial was ordered, and plaintiff appealed. Each party moves to dismiss the other’s appeal.
1Opinion of the CourtHatch, J.
These are cross motions to dismiss appeals taken by each party herein. The action was tried before a referee, and the plaintiff, securing a favorable report, entered judgment thereon. After the entry of judgment the defendant duly appealed therefrom. Subsequently he made a motion for a new trial, upon affidavits setting forth newly-discovered evidence. This motion was granted, upon payment of the costs of the trial and certain other specified items.» Thereafter, arid on October 29,1898, the defendant entered an order in the clerk’s office of the county of Westchester, bearing date, the 22d…
2Cases cited3 opinions
- Kelly v. . SheehanNew York Court of Appeals · 1879
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Hewitt v. . City MillsNew York Court of Appeals · 1892
3Cited by4 opinions
- Lauritzen v. H. L. Judell & Co.California Court of Appeal · 1930
- Goetz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- McCordic v. CrawfordCalifornia Supreme Court · 1943
- McCordic v. CrawfordCalifornia Supreme Court · 1943