Legal Opinion

Fry v. Bennett

The Superior Court of New York City

Decided June 19, 1858PublishedCited by 12 opinions

Before Bosworth, Hoffman, Slosson, Woodruff and Pierrepont, Justices. Motion to dismiss appeal from order denying motion for a new trial. A motion for a new trial was made in this action before one of the justices at special term, and without argument, he decided to deny the motion. On the 13th day of April, 1857, the counsel for the parties appeared before the judge, for the purpose of settling the order.

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Before Bosworth, Hoffman, Slosson, Woodruff and Pierrepont, Justices. Motion to dismiss appeal from order denying motion for a new trial. A motion for a new trial was made in this action before one of the justices at special term, and without argument, he decided to deny the motion. On the 13th day of April, 1857, the counsel for the parties appeared before the judge, for the purpose of settling the order. A draft of the order was prepared and submitted by the defendant’s counsel, and it was approved. The plaintiff’s counsel made a copy thereof, and the judge indorsed upon the draft a…

1Opinion of the Court

By the court—Woodruff, Justice.

That provision of the Code of Procedure, which limits the time within which an appeal must be taken, is wisely enacted in order that litigation may be terminated. That as other statutes prescribe the time within which causes of action must be prosecuted, and still others provide compulsory means by which the progress of the controversy may by either party be hastened to judgment, so *404that by means of this limitation farther litigation by appeal from court to court, may be finally terminated. And in pro’ . viding this last means of determining the matter finally,…

2Cases cited1 opinion

  1. Jenkins v. WildCourt for the Trial of Impeachments and Correction of Errors · 1835

3Cited by12 opinions

  1. Minard v. Douglas CountyOregon Supreme Court · 1881
  2. State ex rel. Keane v. MurphyNevada Supreme Court · 1885
  3. Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
  4. Biagi v. HowesCalifornia Supreme Court · 1885
  5. First National Bank v. McCarthySouth Dakota Supreme Court · 1900

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