Kelly v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rew York City Railway Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of King's on the 25th day of January, 1907, denying its motion for the discontinuance of the above-entitled action.
1Opinion of the Court
Miller, J.:
The defendant appeals from an order denying its application for the discontinuance of the action in which the plaintiff joined. The respondent claims that the appeal should be dismissed for the reason that, the order appealed from was ma,de on January twenty-fifth, and that after the notice of appeal was served said order was amended by an order made on March eleventh so as to contain certain recitals omitted from the original order. The order of March eleventh is printed in the record, and by its terms the order as resettled and amended remains of the date as originally entered.…
2Cited by2 opinions
- Mitchell v. MitchillAppellate Division of the Supreme Court of the State of New York · 1911
- Herman v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907