Ditmas v. McKane
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. Action by Abigail V. Ditmas individually and as sole surviving administratrix of Henry C. Ditmas, deceased, against James McICane and others. From an order denying a motion to resettle the case on appeal, defendants appeal.
1Opinion of the CourtWoodward, J.
The proposed case on appeal contained a statement at length of motions for judgment alleged to have been made at the close of the case by defendants Fanny McKane, George W. Roderick, Theodore McKane, and George N. McKane, and specifying the grounds of such motions. Plaintiff’s proposed amendment struck out the whole of that portion of the case upon the ground that no such motions were ever made. The trial court allowed the amendment, and struck out the matter as improperly in the case. George W. Roderick thereupon moved to resettle the case, and to restore the rejected matter to its place in…
2Cases cited3 opinions
- McManus v. Western Assurance Co. of TorontoAppellate Division of the Supreme Court of the State of New York · 1899
- Grossman v. Supreme Lodge of Knights & Ladies of HonorNew York Supreme Court · 1889
- James v. WorkNew York Supreme Court · 1893