Gardenier v. Eldred
New York Supreme Court
Appeal from special term, Oswego county. Action begun by Lovinia Downs against Hiram Eldred. After the complaint had been dismissed, and costs of a subsequent motion awarded defendant, the cause of action was assigned to Wilson H. Gardenier, who was after-wards substituted as plaintiff. Without paying the costs of the motion, plaintiff served a notice of appeal from the judgment on defendant, and afterwards served on him the case and exceptions.
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Appeal from special term, Oswego county. Action begun by Lovinia Downs against Hiram Eldred. After the complaint had been dismissed, and costs of a subsequent motion awarded defendant, the cause of action was assigned to Wilson H. Gardenier, who was after-wards substituted as plaintiff. Without paying the costs of the motion, plaintiff served a notice of appeal from the judgment on defendant, and afterwards served on him the case and exceptions. The latter service was set aside, and plaintiff served on defendant a notice of appeal from the order. Defendant moves to set aside the services of…
1Opinion of the CourtMerwin, J.
This action was commenced in February, 1889, in the name of Lovinia Downs, as plaintiff, by Mr. Gardenier, the present plaintiff, as her attorney. Issue was joined in the action, and a trial was had, and'on the 81st July, 1889, a judgment was entered dismissing the complaint, with costs. Thereafter, at special term, the plaintiff in the action made a motion to set aside the taxation of costs and-the judgment. This motion was denied, with $10 costs to the defendant, and an order to that effect, dated August 31, 1889, was duly entered September 3, 1889, and on the same day duly served on the…
2Cases cited2 opinions
- MacWhinnie v. CameronNew York Supreme Court · 1890
- Murray v. CameronNew York Supreme Court · 1891
3Cited by2 opinions
- Gardenier v. EldredNew York Supreme Court · 1891
- Kellogg Switchboard & Supply Co. v. Glen Telephone Co.U.S. Circuit Court for the District of Southern New York · 1903