Derby v. General Electric Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, General Electric Company, from an order of the Supreme Court, made at chambers in the county of Erie and entered in the office of the clerk of the county of Niagara on the 10th day of December, 1923, denying its motion for an order settling the case upon appeal and directing that the case be settled to contain all of the stenographer's minutes of trial except the summation of counsel.
1Opinion of the Court
Hubbs, P. J.:
The order appealed from directed that the case upon appeal should contain all of the stenographer's minutes taken upon the trial. It is the contention of the appellant that certain testimony should be omitted from the record on appeal, as unnecessary for the determination of the question sought to be reviewed.
The order must be affirmed, as the question was not presented to the Special Term in such form as to permit the court to grant the relief sought.
Great confusion exists in regard to the preparation of cases on appeal. Large amounts of money are wasted and needless burdens are…
2Cases cited7 opinions
- James v. DrakeTennessee Supreme Court · 1858
- Grobert Realty Co. v. Dorf Bros. & Co.Appellate Terms of the Supreme Court of New York · 1922
- Leeds v. JoyceAppellate Division of the Supreme Court of the State of New York · 1922
- Mulroy v. TarulliAppellate Division of the Supreme Court of the State of New York · 1920
- Balch v. FinkNew York Supreme Court · 1915
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3Cited by16 opinions
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- National Fire Insurance of Hartford v. ShearmanAppellate Division of the Supreme Court of the State of New York · 1928
- Moran v. Rainbow Appliance Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- Claim of Coyle v. Howell, Fields & Goddard, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
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