Anderson v. Carter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles W. H. Cárter, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oneida on the 16th day of March, 1897, upon the decision of the court rendered after a trial at the Oneida Special Term after certain issues of fact had been submitted to a jury who rendered a verdict in favor of the plaintiffs; also from an order entered in said clerk’s office on the 16th day of March, 1897,…
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Appeal by the defendant, Charles W. H. Cárter, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oneida on the 16th day of March, 1897, upon the decision of the court rendered after a trial at the Oneida Special Term after certain issues of fact had been submitted to a jury who rendered a verdict in favor of the plaintiffs; also from an order entered in said clerk’s office on the 16th day of March, 1897, denying the defendant’s motion for a new trial made upon a case and exceptions; also from an order entered in said clerk’s…
1Opinion of the Court
Green, J.:
It is contended by plaintiffs that an order granting defendant leave to make a case and exceptions was unauthorized, and that, therefore, the only appeal defendant has which is regular is his *464appeal from the judgment. If plaintiffs are right in their contention, that the appeal of defendant is from the judgment only, then the court must confine itself to a consideration of questions of law. It follows that the appeal of plaintiffs should be first disposed of.
This action was brought to set aside a deed, and two issues were directed to be tried by a jury: First, whether the grantor…
2Cases cited8 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Sears v. . ShaferNew York Court of Appeals · 1852
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Vermilyea v. . PalmerNew York Court of Appeals · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kelly v. KellyNew York Supreme Court · 1921
- Simpson v. HefterAppellate Terms of the Supreme Court of New York · 1904
- McGlyn v. JohnsonNew York Supreme Court · 1959