Taylor v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 25th day of March, 1897, upon the verdict of a jury.
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Appeal by the defendant, Edward Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 25th day of March, 1897, upon the verdict of a jury. In addition to giving notice of appeal from the judgment, the notice of appeal also contains the following : “ And it is the intention of the appellant herein to bring up for review before this court the order denying appellant’s motion for a new trial, made and entered in the office of the clerk of the county of Erie on the 21st day of January, 1897, and the whole and every…
1Opinion of the Court
Green, J. :
Motion is made to strike out from the notice of appeal the statement that it is the appellant’s intention to bring up for review the order denying a motion for a new trial, which order is contained in the printed case. The time within which an appeal may be taken from such an order had expired when the notice of the appeal from the final judgment was served.
Two questions are presented: First, whether the statement in the notice is equivalent to an explicit or direct notice of appeal, within section 1300, Code Civil Procedure. Second, whether an order denying a motion for new trial,…
2Cases cited8 opinions
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- Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Selden v. . the Del. Hud. Canal Co.New York Court of Appeals · 1864
- Bloom v. National United Benefit Savings & Loan Co.New York Court of Appeals · 1897
- Bloom v. National United Benefit Savings & Loan Co.New York Supreme Court · 1894
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