McNamara v. Canada Steamship Co.
New York Court of Common Pleas
Appeal from an order of this court denying a motion to set aside service of a summons. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesen, J.
The appeal from the order denying the motion to set aside the service of the summons has not been waived. An appeal may be waived where the appellant avails himself of some favor that is granted by the order or judgment appealed from, or where he takes some step that is inconsistent with a denial on his part of the correctness of the order (4 Wait’s Practice, 216). An appellant may, in some cases, take the benefit of an order or judgment without losing the right to appeal from it; thus, he may accept money or property awarded to him by a judgment, and still prosecute an appeal from the…
2Cases cited6 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Knapp v. . BrownNew York Court of Appeals · 1871
- Higbie v. . WestlakeNew York Court of Appeals · 1856
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Barker v. . WhiteNew York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kieley v. Central Complete Combustion Manufacturing Co.New York Court of Appeals · 1895
- McCall v. MoschowitzNew York Court of Common Pleas · 1886
- Cornell v. DonovanNew York Court of Common Pleas · 1887