Burke v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph F. Baker and: others, from an order of the Supreme, Court, made at the Westchester Special Term and entered in the office of the clerk of' the county of Queens on the 9th day of January, 1905, denying the said defendants’ motion for a resettlement of the 97th proposed amendment to the ease on appeal and refusing to disallow said amendment.
1Opinion of the Court
Per Curiam :
The amendment to the proposed case on appeal of which the defendants complain is a statement of a colloquy between court and counsel upon the trial of the action, which is regarded by counsel for the appellants as a representation that they made a concession as to the issues to he tried which was injurious to the interests.óf their clients. This colloquy did not appear in the stenographer’s • minutes, but affidavits were read upon the motion for resettlement, affirming on the one hand and denying on the other that such colloquy actually took place. The learned trial judge had…
2Cases cited1 opinion
- Ditmas v. McKaneAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Burke v. BakerAppellate Division of the Supreme Court of the State of New York · 1906
- Tyrrell v. Long Island CityAppellate Division of the Supreme Court of the State of New York · 1908
- Tyrrell v. Long Island CityAppellate Division of the Supreme Court of the State of New York · 1908