Beer v. Orthaus
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from an order entered in the New York county clerk’s office on the 1st day of July, 1908, setting aside an interlocutory judgment and referee’s report, relieving respondents from stipulations, and granting respondents permission to serve amended answer.
1Per curiam
The order appealed from follows- the suggestion made by this court upon the former appeal (125 App. Div. 574), when it was charitably assumed that the appellant’s attorney, as well as the attorneys for the respondents and the referee, had fallen into inadvertent error as to thelaw governing, the devolution of the estate sought to be partitioned. The present appeal seems to have been' taken because the appellant’s attorney thinks that terms more favorable to him should have been imposed. In view of his extraordinary statement now made that he labored under no mistaken view of the law, but…
2Cases cited1 opinion
- Beer v. OrthausAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925