Brassington v. Rohrs
New York Court of Common Pleas
Action by John D. Brassington against Frederick Rohrs and others on a promissory note. The judgment and two orders were affirmed on appeal by defendants, (22 H. Y. Supp. 761,) and plaintiff asks the allowance of the costs of three appeals.
1Opinion of the CourtDaly, C. J.
The appellants, upon a single notice of appeal to' this court, brought up for review (1) the judgment of the general term of the city court upon demurrer, together with the order directing such judgment; (2) an independent order, made after judgment, denying the motion to vacate such judgment; and (3) an independent order striking out as sham that part of defendants’ answer which had not been demurred to. Although there was but one notice of appeal, it specified three appeals, and the respondent is therefore entitled to costs of each appeal. Stanton v. King, 76 N. Y. 585. The appellants for…
2Cases cited2 opinions
- Goodridge v. ConnorCity of New York Municipal Court · 1883
- Stanton v. . KingNew York Court of Appeals · 1879