Kenney v. Sumner
New York Court of Common Pleas
Action by Alexander Kenney against Perrin H. Sumner. There was a judgment in favor of plaintiff, and defendant appeals. Plaintiff moves to dismiss the appeal.
1Opinion of the Court
DALY, O. J.
Motion by plaintiff, on notice of four days, to dismiss defendant’s appeal from an order denying a motion made by him upon the minutes for a new trial, and to affirm the said order, on the ground of failure to serve a proposed case or any printed papers on appeal. The plaintiff had a verdict at trial term on October 2, 1894, for damages; and defendant, on the same day, moved for a new trial, which motion was denied. The trial judge granted defendant a stay of 60 days after notice of entry of judg*96ment, and 60 days to make a case. Plaintiff has not entered judgment upon his verdict,…
2Cases cited2 opinions
- French v. . PowersNew York Court of Appeals · 1880
- Schwarz v. . WeberNew York Court of Appeals · 1886