Niendorff v. Manhattan Railway Co.
New York Court of Appeals
This was a motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered upon an order made April 18, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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This was a motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered upon an order made April 18, 1896, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the Appellate Division of the Supreme Court being unanimous, and it having made no certificate allowing an appeal, and no appeal having been allowed by a judge of the Court of Appeals, this court has no jurisdiction to entertain the appeal.…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for personal injuries. The trial resulted in a verdict in favor of the plaintiff, and the judgment entered thereon has been affirmed by the unanimous decision of the Appellate Division. That court rendered its decision April 18th, 1896, but no judgment was entered thereon until May 25th, 1896. On the
A 12th day of May, 1896, chapter 559 of the Laws of 1896 was signed by the governor and under its provisions went into immediate effect. It amended section 191 of the Code of Civil Procedure so as to provide that “ no appeal shall be taken to said court…
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