Harris v. . Brown
New York Court of Appeals
Appeal from order of the-General Term of the Supreme Court, in the first judicial department, made March 30, 1883, dismissing an appeal from an order denying a motion to vacate an order of arrest herein, “ on the ground (as stated in the order of dismissal) that the defendant waived the right to appeal from said order by renewing a motion on additional papers.” (Mem. of decision below, 29 Hun, 477.) There was no waiver of the right to appeal here.
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Appeal from order of the-General Term of the Supreme Court, in the first judicial department, made March 30, 1883, dismissing an appeal from an order denying a motion to vacate an order of arrest herein, “ on the ground (as stated in the order of dismissal) that the defendant waived the right to appeal from said order by renewing a motion on additional papers.” (Mem. of decision below, 29 Hun, 477.) There was no waiver of the right to appeal here. (In re N. Y. & H. R. R. Co., 60 N. Y. 112; Barker v. White, 58 id. 204; Brown v. Mayor, 9 Hun, 578; Platz v. Cohoes, 8 Abb. N. C. 392; 4 Wait's Pr.…
1Opinion of the CourtMiller, J.
The General Term dismissed the appeal in this case, from an order denying a motion to vacate an order of arrest, upon the ground that the defendant had waived his right to appeal by a renewal of the motion to vacate. The motion to dismiss was made on the papers upon which the order of arrest was granted, and an affidavit of plaintiffs’ attorney, from which it appeared that subsequent to the order, vacating the order of arrest, the defendant made a further motion, before the same judge, upon another order to show cause to vacate the order of arrest, which motion was denied. The question to be…
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