Rae v. . Beach
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of defendants, entered upon order dismissing plaintiff's complaint on trial. This action was brought upon an undertaking given on appeal. The service of copy order of affirmance was a substantial compliance with the pro- visions of section 348 of the Old Code.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, affirming a judgment in favor of defendants, entered upon order dismissing plaintiff's complaint on trial. This action was brought upon an undertaking given on appeal. The service of copy order of affirmance was a substantial compliance with the pro- visions of section 348 of the Old Code. (Chatham v. Lewis, 2 J. R., 104; Bk of Utica v. Kirby, 7 Cow., 148; Tyler v. Simmons, 6 Paige, 127, 132.) The court erred in ruling out the evidence offered to prove proceedings by the…
1Opinion of the CourtMiller, J.
In October, 1872, the plaintiff recovered a judgment against one Lewis Beach, in the Brooklyn City Court. The defendants appealed from this judgment to the General Term, having previously caused the undertaking upon which this action is brought to bo executed and filed in the office of the clerk of the city court, and the judgment of the trial court was there affirmed, upon the appeal. The complaint alleges that, by the judgment of the Genera.! Term, the judgment appealed from was, by order, entered April 28, 1875, ill all things affirmed, and that a copy of the order of affirmance was served…
2Cases cited3 opinions
- Selover v. . CoeNew York Court of Appeals · 1875
- Wood v. . FiskNew York Court of Appeals · 1875
- Elmwood-Utica Houses, Inc. v. Buffalo Sewer AuthorityNew York Court of Appeals · 1985
3Cited by4 opinions
- Evans v. . BackerNew York Court of Appeals · 1886
- Chilson v. HoweNew York Supreme Court · 1889
- Wasserman v. MaslonAppellate Terms of the Supreme Court of New York · 1930
- Hooker v. TownsendNew York Supreme Court · 1884