Hubbard v. Chapman
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Norman Hubbard, to dismiss an appeal taken by the defendant for a failure to serve printed appeal papers as prescribed by rule 41 of the General Rules of Practice.
1Opinion of the Court
Hatch, J.:
The appellant made and served a case which he calls a “ proposed case and exceptions.” It is evident that by this proposed case the appellant only seeks to review certain rulings of the court in receiving certain testimony, offered by the respondent upon the trial, and for this purpose the case as proposed states that “ evidence was offered by the plaintiff tending to prove,” etc. Then follows a statement of the evidence, and the objection thereto, and the ruling of the court thereon.
We think that this is a case contemplated by section 997 of the Code of Civil Procedure, which…
2Cases cited2 opinions
- Price v. . PowellNew York Court of Appeals · 1850
- Winter v. Crosstown Street RailwayThe Superior Court of the City of New York and Buffalo · 1894
3Cited by3 opinions
- Jackson v. StrongNew York Supreme Court · 1915
- Stiasny v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Grobert Realty Co. v. Dorf Bros. & Co.Appellate Terms of the Supreme Court of New York · 1922