Galbally v. Strauss
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick H. G-albally, from so much of a judgment of the Supreme Court in favor of the defendant, Simon Strauss, entered in the office of the clerk of the county of New York on the 11th day of February, 1913, as dismisses the complaint as against said Simon Strauss, and also from an order entered in said clerk’s office on the 7th day of February, 1913, denying plaintiff’s motion for a new trial as against said Simon Strauss made upon the minutes.
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Appeal by the plaintiff, Patrick H. G-albally, from so much of a judgment of the Supreme Court in favor of the defendant, Simon Strauss, entered in the office of the clerk of the county of New York on the 11th day of February, 1913, as dismisses the complaint as against said Simon Strauss, and also from an order entered in said clerk’s office on the 7th day of February, 1913, denying plaintiff’s motion for a new trial as against said Simon Strauss made upon the minutes. The complaint was dismissed by direction of the court at the close of the case as to Simon Strauss, individually. Appeal by…
1Opinion of the Court
Scott, J.:
This appeal comes before us in a somewhat unusual form. At the trial, after the rendition of the verdict, the justice presiding ordered the exceptions to be heard in the first instance at the Appellate Division. Notwithstanding this direction the plaintiff entered judgment, and the defendants apparently acquiesced in this practice, for the case is brought into this court, not by a motion for judgment, but by cross-appeals from the judgment. No order was entered denying a motion for a new trial. We have power, therefore, only to pass upon the exceptions.
The action is for damages…
2Cases cited3 opinions
- Sullivan v. New Bedford Gas & Edison Light Co.Massachusetts Supreme Judicial Court · 1906
- Burke v. IrelandAppellate Division of the Supreme Court of the State of New York · 1898
- Boyle v. Robinson Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Brady v. Claremont Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1919