Harper v. Hall
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine Court at General Term dismissing the defendant’s appeal thereto. On the verdict of a jury, judgment was entered for the plaintiff, and the defendant appealed therefrom to the General Term of the court below, on a case and exceptions.
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Appeal by the defendant from a judgment of the Marine Court at General Term dismissing the defendant’s appeal thereto. On the verdict of a jury, judgment was entered for the plaintiff, and the defendant appealed therefrom to the General Term of the court below, on a case and exceptions. On the plaintiff’s motion, the General Term below dismissed, the appeal on the ground of the want of service of printed copies of the appellant’s case, and an order was entered dismissing the appeal and affirming the judgment, with costs. On a motion subsequently made by the plaintiff, the General Term below…
1Opinion of the Court
By the Court.
Cardozo, J.
The defendant appealed to the General Term of the Marine Court from a j udgment against him at the Special Term. The respondent moved to dismiss the appeal for want of prosecution, which motion was granted; hut the attorney who prepared the order erroneously made it also provide that the judgment appealed from be affirmed with costs. The respondent discovering that the affirmance of the judgment was imperfectly inserted in the order, . mo veil the-*499General'Tenn of the Marine Court to correct, the order, so as to make it conform to the real decision of the Court. This…
2Cited by3 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Leland v. SmithNew York Court of Common Pleas · 1870
- Wheeler v. McCabeNew York Court of Common Pleas · 1874