Waldo v. . Schmidt
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1910, which reversed an order of Special Term granting a motion for leave to amend a notice of appeal to the Court of Appeals; also an original motion for leave to amend such notice of appeal. The facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1910, which reversed an order of Special Term granting a motion for leave to amend a notice of appeal to the Court of Appeals; also an original motion for leave to amend such notice of appeal. The facts, so far as material, and the question certified are stated in the opinion. Where the original notice of appeal contained words to which no effect can be given without an amendment, if the original words were sufficient to indicate to respondent the intention of…
1Opinion of the CourtWerner, J.
The Supreme Court at Special Term granted to the above-named appellant an order giving him leave to amend Iris notice of appeal From that order the present respondents appealed to the Appellate Division where the order was reversed upon two grounds. 1. That the court at Special Term had no power to allow the amendment. 2. That the amendment was one which had the effect of extending the appellant’s time to appeal, and, therefore, should not have been granted. After making its decision the Appellate Division granted to the appellant leave to appeal to this court and certified the following…
2Cases cited9 opinions
- Grannan v. . Westchester Racing Assn.New York Court of Appeals · 1897
- Devlin v. . HinmanNew York Court of Appeals · 1899
- Henry v. . AllenNew York Court of Appeals · 1895
- Davis v. . CornueNew York Court of Appeals · 1896
- People Ex Rel. Hoffman v. . Board of EducationNew York Court of Appeals · 1894
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3Cited by21 opinions
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- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BourneAppellate Division of the Supreme Court of the State of New York · 1988
- Chaffer v. Glens Falls National Bank & Trust Co.New York Supreme Court · 1953
- Meredith v. First Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
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