Vose v. Conkling
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph 0. Conkling, individually and as administrator, etc., and others, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 14th day of April, 1913, amending a notice of appeal herein, filed in said clerk’s office on the 17th day of January, 1913, by striking therefrom the words “to the Court of Appeals ” and inserting in place thereof the words “ to the…
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Appeal by the defendants, Joseph 0. Conkling, individually and as administrator, etc., and others, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 14th day of April, 1913, amending a notice of appeal herein, filed in said clerk’s office on the 17th day of January, 1913, by striking therefrom the words “to the Court of Appeals ” and inserting in place thereof the words “ to the Appellate Division of the Supreme Court in the First Department,” and permitting the withdrawal of the return to the Court of…
1Opinion of the Court
Laughlin, J.:
A demurrer to the complaint interposed herein was overruled, and on appeal this court reversed the interlocutory judgment with leave to plaintiff to amend. (Vose v. Conkling, 153 App. Div. 40.) The plaintiff elected not to amend, and suffered final judgment dismissing the complaint, and then filed and served a notice of appeal therefrom. Through inadvertence and a misapprehension of the law on the part of counsel for the plaintiff, that appeal was taken, in form, to the Court of Appeals. If the final judgment followed an affirmance by this court, an appeal direct to the Court of…
2Cases cited6 opinions
- Waldo v. . SchmidtNew York Court of Appeals · 1910
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Dwight v. . GibbNew York Court of Appeals · 1913
- Leonard v. . BarnumNew York Court of Appeals · 1901
- Vose v. ConklingAppellate Division of the Supreme Court of the State of New York · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Redman v. . Verplex Art Co., Inc.New York Court of Appeals · 1924
- Rose v. . BristolNew York Court of Appeals · 1917
- Rothenberg v. MetzgerAppellate Division of the Supreme Court of the State of New York · 1929
- People v. SchoffAppellate Division of the Supreme Court of the State of New York · 1943
- Kalish v. Belmont Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
3 more not listed; retrieve them via the Exa API.