Voisin v. Commercial Mutual Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 28, 1890, which denied a motion to dismiss an appeal from an order denying a motion by plaintiff for a new trial. The facts, so far as material, are stated in the opinion. Mo right to appeal from an order denying a motion for a new trial, made before entry of judgment, exists after the right to appeal from the judgment has expired. (Code Civ.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 28, 1890, which denied a motion to dismiss an appeal from an order denying a motion by plaintiff for a new trial. The facts, so far as material, are stated in the opinion. Mo right to appeal from an order denying a motion for a new trial, made before entry of judgment, exists after the right to appeal from the judgment has expired. (Code Civ. Pro. § 1200 ; Derleth v. DeGraff, 104 N. Y. 661; Soverhill v. Post, 22 How. Pr. 386; Ross v. T. A. R. R. Co., 109 N. Y. 645 ;…
1Opinion of the Court
Ruger, Ch. J.
It is quite necessary in the consideration of this appeal to bear in mind the precise question raised by the case presented. After a trial by jury and a verdict for the defendant, the plaintiff moved for a new trial upon the judge’s minutes, which motion was denied. The defendant thereupon entered judgment and gave notice of such entry to the plaintiff. Ho appeal from such judgment was taken, and the time for doing so expired before an appeal was taken from the order-denying the motion for a new trial. After the denial of the motion, a case was regularly made and served upon the…
2Cases cited8 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Harris v. . BurdettNew York Court of Appeals · 1878
- Snebley v. . ConnerNew York Court of Appeals · 1879
- Folger v. . FitzhughNew York Court of Appeals · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Callahan v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1910
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
- Matthews v. HerdtfelderNew York Supreme Court · 1891
- Whitman v. JohnsonNew York Court of Common Pleas · 1895
12 more not listed; retrieve them via the Exa API.