Oakes v. High
New York Court of Common Pleas
Appeal from special term. Action by Mary Oakes against James M. High and others, to recover damages for an alleged breach of contract. From an order denying a motion to correct the judgment, plaintiff appeals. Affirmed.
1Concurrence
GIEGERICH, J. (concurring in result.)
It has become the settled rule by adjudications in the court of appeals, and in this court, that, on the removal of a cause from a district court to this court, it continues to be in effect an action in a district court, the trial of which is to be had in this court. Smith v. White, 23 N. Y. 572; Salter v. Parkhurst, 2 Daly, 240; Latteman v. Fere, 11 Civ. Proc. R. 217; Walker v. Scott, 3 Misc. Rep. 329, 23 N. Y. Supp. 334; Myers v. Rosenback, 7 Misc. Rep. 560, 28 N. Y. Supp. 9, affirmed 9 Misc. Rep. 89, 29 N. Y. Supp. 34. As it continues to be, in effect,…
2Cases cited5 opinions
- Salter v. ParkhurstNew York Court of Common Pleas · 1867
- Smith v. . WhiteNew York Court of Appeals · 1861
- Myers v. RosenbackNew York Court of Common Pleas · 1894
- Walker v. ScottNew York Court of Common Pleas · 1893
- Myers v. RosenbackNew York Court of Common Pleas · 1894