Murray v. Jones
City of New York Municipal Court
Appeal from trial term. This is an action upon an undertaking given by the defendant on an appeal to the court of appeals from a judgment of the supreme court in favor of this plaintiff, Margaureit A. Murray, who was defendant in the supreme court suit against William F. Barks, who was plaintiff therein.
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Appeal from trial term. This is an action upon an undertaking given by the defendant on an appeal to the court of appeals from a judgment of the supreme court in favor of this plaintiff, Margaureit A. Murray, who was defendant in the supreme court suit against William F. Barks, who was plaintiff therein. The appeal was dismissed in the court of appeals, the remittitur returned to the supreme court, and an order was made by Mr. Justice Lawrence making the judgment of the court of appeals the judgment of the supreme court. Judgment was thereupon duly entered, and the costs taxed, as appears…
1Dissent
Pitshke, J.,
(dissenting.) Appeal from judgment for plaintiff against defendant, recovered upon defendant’s undertaking given on an appeal from the supreme court to the court of appeals, which appeal was dismissed in the court of appeals, with costs. Ho postea upon the remittitur, as filed in the supreme court, was introduced in evidence; but, on the contrary, it appears on the trial that the remittitur had been returned to the court of ap*488peals under an order sending it back to the court of appeals, and such remittitur record was produced from the clerk’s office of the court of appeals by an…
2Cases cited5 opinions
- Baker v. KingslandNew York Court of Chancery · 1843
- Lansing v. RussellNew York Court of Chancery · 1848
- Wilkins v. . EarleNew York Court of Appeals · 1871
- Salmon v. . GedneyNew York Court of Appeals · 1878
- Patterson v. PattersonThe Superior Court of New York City · 1863