Legal Opinion

Robb v. Osgoodby

Appellate Terms of the Supreme Court of New York

Decided June 15, 1897PublishedCited by 5 opinions

Motion by plaintiff to dismiss appeal.

1Per curiam

The judgment whs rendered in' the Fourth District Court, M^rch 9, 1897, and the time to appeal therefrom expired March 29, 1897.

A motion for a new trial was made by the defendant, and denied May 11, 1897.

In the appeal which was taken within twenty days after May 11th, the defendant appealed from the judgment as well as the order denying the motion for h new trial.

The act of 1896 (chap. 748) authorizes an appeal from an order granting a new trial, but does not authorize an appeal 'from an order denying a motion for a new trial.

- The motion to dismiss' must, therefore, be granted^ with costs.

Pre…

2Cited by5 opinions

  1. Pascocello v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1899
  2. Barth v. SchmitzNew York Supreme Court · 1918
  3. De Lemos v. CohenAppellate Terms of the Supreme Court of New York · 1899
  4. Mulligan v. KrausNew York Supreme Court · 1915
  5. Glaudino v. Long Island Railroad CompanyDistrict Court, S.D. New York · 2020

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