Sperling v. Boll
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Martha Boll and Helene Bonfort, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew. York on the 3d day of December, 1897, setting aside the defendants’ proposed case on appeal and all proceedings thereon.
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Appeal by the defendants, Martha Boll and Helene Bonfort, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew. York on the 3d day of December, 1897, setting aside the defendants’ proposed case on appeal and all proceedings thereon. Upon the trial the court directed a verdict for the defendants, which it subsequently set aside, and granted a new trial, and from the order thereupon entered the three defendants appealed. This appeal, upon motion and after hearing argument, was dismissed for failure to serve the printed…
1Opinion of the Court
O’Brien, J.:
The single question for our determination is as to whether, after an appeal has been dismissed by this court for failure to serve a case and prosecute the appeal as required by the rules, some or all of the original appellants, without obtaining leave, can again appeal and upon serving a case insist , upon its being heard. Our first impression would be that no such practice could be tolerated. But it is insisted that there is authority for such practice, and reliance is placed upon the case of French v. Row (77 Hun, 387) for the proposition that the dismissal of an appeal is no…
2Cases cited4 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Drummond v. . HussonNew York Court of Appeals · 1856
- Watson v. HussonThe Superior Court of New York City · 1852
- Kelsey v. CampbellNew York Supreme Court · 1862
3Cited by3 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Keller v. ClearyAppellate Division of the Supreme Court of the State of New York · 1901
- Bray v. CoxNew York Court of Appeals · 1976