Howey v. Lake Shore & Michigan Southern Railway Co.
New York Supreme Court
, Motion by the plaintiff for an order discontinuing the appeal in this action to the Court of Appeals.
1Opinion of the CourtWard, J.
This action was brought in the Superior -Court of Buffalo in 1894. Issue was joined and the cáse was tried; the plaintiff recovered a verdict of $4,000,- The General Term of the Superior Court of Buffalo reversed the judgment and ordered a new trial. [From that order the plaintiff appealed to the'Court of Appeals, giving the." prpper security to perfect such appeal, and the return to the appeal was filed with the clerk of the ■ Court of Appeals September, 1895. The defendant objects that-the" Supreme -Court has no power to grant this motion, and that" the power to dismiss this appeal . alone…
2Cases cited3 opinions
- Henry v. . AllenNew York Court of Appeals · 1895
- People Ex Rel. Hoffman v. . Board of EducationNew York Court of Appeals · 1894
- Adams v. . FoxNew York Court of Appeals · 1863
3Cited by6 opinions
- Ruben v. American & Foreign InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- Cupo v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1951
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Carey v. Wright, New York County Courts1934
- Howey v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
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