Birnbaum v. . May
New York Court of Appeals
Motion to send back the return on appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1901, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The motion was made in order that a motion might be made to such Appellate Division to amend such return.
1Opinion of the Court
Barker, Ch. J.
The respondents seek an order directing that the return be transmitted to the Supreme Co'urt, in order that they may make, a motion in that court to so amend the order of reversal as that it will recite that the reversal is upon the facts as well as upon the law. Appellant’s counsel, while opposing- the motion, urges that if it be granted it should be upon' such terms as will save the appellant harmless in the event that the Appellate Division shall amend the order, as respondents will move it to do. It can readily be seen that an attempt on the part of this court to name the…
2Cases cited3 opinions
- Henry v. . AllenNew York Court of Appeals · 1895
- People Ex Rel. Hoffman v. . Board of EducationNew York Court of Appeals · 1894
- Health Department v. . DassoriNew York Court of Appeals · 1899
3Cited by4 opinions
- Ely v. . BarrettNew York Court of Appeals · 1918
- Conway v. Farish-Stafford Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Jaffe v. . SonntagNew York Court of Appeals · 1917
- Kemp v. Division No. 241 of Amalgamated Ass'n of Street & Electric Railway Employes of AmericaAppellate Court of Illinois · 1910