Legal Opinion

Garrett v. Wood

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1901No. 1PublishedCited by 1 opinion

Motion by the defendants, Bradford R. Wood, individually and as executor, etc., of Bradford R. Wood, deceased, and others, to amend a decision of the Appellate Division of the Supreme Court, third department.

1Opinion of the Court

Per Curiam :

This is a motion by defendant to amend a decision of this court, affirming an order refusing a new trial, by striking out from'said decision the provision allowing costs to the plaintiff, and for other relief. At the time of the argument and decision of the appeal from the order, there was argued and decided an appeal from the interlocutory judgment upon which the motion for a new trial was made,, This motion is made under section ^3239 of the Code of Civil Procedure which provides that where an appeal is taken from an order refusing a new trial, and an appeal is also taken from…

2Cited by1 opinion

  1. Chase v. DrakeAppellate Division of the Supreme Court of the State of New York · 1904

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