First National Bank v. Anderson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kathleen B. Anderson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the - clerk of the county of Rew York on the 31st day of January, 1900, upon the verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the . 18th day of January, 1900, denying the defendant’s motion for a new trial made upon the minutes, and also from an -order entered in said clerk’s…
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Appeal by the defendant, Kathleen B. Anderson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the - clerk of the county of Rew York on the 31st day of January, 1900, upon the verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the . 18th day of January, 1900, denying the defendant’s motion for a new trial made upon the minutes, and also from an -order entered in said clerk’s office on the 18th day of January,-1900, denying the •defendant’s motion to postpone the trial of the action.
1Opinion of the Court
Patterson, J.:
Upon the trial of this action and at the close of all the proofs, a verdict was directed for the plaintiff. From the judgment entered upon that verdict and from an order denying a motion for a new trial, appeal is taken. There is also brought up for review an intermediate-order, denying a motion made by the defendant (Kathleen B. Anderson) to postpone the trial. That intermediate order must be affirmed. The affidavit upon which the motion was made was insufficient. It did not show that the defendant was a.material and *571necessary witness in her own behalf, for it was not made to…
2Cases cited2 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Caponigri v. AltieriAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Brown v. JonesNew York Supreme Court · 1915
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