Vose v. Conkling
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph 0. Conkling, individually and as administrator, etc., and others, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 14th day of April, 1913, amending a notice of appeal herein, filed in said clerk’s office on the 17th day of January, 1913, by striking therefrom the words “to the Court of Appeals ” and inserting in place thereof the words “ to the…
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Appeal by the defendants, Joseph 0. Conkling, individually and as administrator, etc., and others, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 14th day of April, 1913, amending a notice of appeal herein, filed in said clerk’s office on the 17th day of January, 1913, by striking therefrom the words “to the Court of Appeals ” and inserting in place thereof the words “ to the Appellate Division of the Supreme Court in the First Department,” and permitting the withdrawal of the return to the Court of…
1Dissent
McLaughlin, J. (dissenting):
The defendants demurred to the complaint which was overruled, but on appeal the same was reversed and demurrer sustained, with leave to plaintiff to serve an amended complaint. (Vose v. Conkling, 153 App. Div. 40.) Plaintiff’s attorney supposed that if he did not amend and final judgment were entered, he could appeal direct to the Court of Appeals. This was the course adopted. In doing this he did not intend to appeal to this court and there never has been any pretense or claim made that he did. Subsequently, a motion was made to dismiss the appeal to the Court of…
2Cases cited1 opinion
- Vose v. ConklingAppellate Division of the Supreme Court of the State of New York · 1912