Dewsnap v. Matthews
Appellate Division of the Supreme Court of the State of New York
■ ■ Appeal by Irving Bachrach and another from, an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of January, 1907, denying a motion made by the defendants and the appellants to vacate an ex parte order appointing a receiver, and to make the appellants parties defendant in this action. -
1Opinion of the Court
Ingraham, J.:
The original order denying this motion was entered on January 7,1907. On February 2, 1907, the defendants appealed from the. order. On the 22d of March, 1907, an- order was entered resettling the order of January 7, 1907, and by this resettlement the order of January seventh was materially changed. Affidavits not recited in the first order as affidavits upon which the motion was made were inserted, so that an entirely different record was presented upon which an appeal was to be heard. No' notice of appeal’ was served from the order as resettled. The respondent noticed á motion…
2Cases cited1 opinion
- Dewsnap v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Pepe v. CurtiAppellate Terms of the Supreme Court of New York · 1909