Carlisle v. . Barnes
New York Court of Appeals
Motion to set aside an order granted by a judge of the Court of Appeals allowing an appeal to this court from a judgment of the Appellate Division of the Supreme Court in the first judicial, department, entered April 7, 1905, unanimously affirming a judgment in favor of plaintiff entered1 upon a verdict and an order denying a motion for a new trial. The order granted allowing an appeal herein should be vacated under section 776 of the Code of Civil Procedure.
Read the full summary
Motion to set aside an order granted by a judge of the Court of Appeals allowing an appeal to this court from a judgment of the Appellate Division of the Supreme Court in the first judicial, department, entered April 7, 1905, unanimously affirming a judgment in favor of plaintiff entered1 upon a verdict and an order denying a motion for a new trial. The order granted allowing an appeal herein should be vacated under section 776 of the Code of Civil Procedure. (Talcott v. Burnstine, 13 N. Y. S. R., 552; Hallgarten v. Eckert, 1 Hun, 117; Good v. Daland, 28 N. Y. S. R. 935.) Section 191 of the…
1Per curiam
In the first instance an application for leave to appeal to this court was made to the chief judge, who denied the same. Thereafter the. appellant applied to that judge for leave to renew the application to another judge of the court. This was granted on condition that the appellant give notice to the respondent of such application and that he be accorded a hearing thereon. ' Subsequently an application was made ex parte to a judge of the court and the appeal allowed. This motion is to set aside the order granting such allowance.
We are of opinion that section 191 of the Code of Civil…
2Cases cited1 opinion
- Hannon v. . Siegel-Cooper CompanyNew York Court of Appeals · 1900
3Cited by5 opinions
- People v. McCarthyNew York Court of Appeals · 1929
- People v. OxfeldNew York Supreme Court · 1923
- Martin v. CampAppellate Division of the Supreme Court of the State of New York · 1914
- People v. BalcerzakNew York Supreme Court · 1956
- Morgenthau v. RosenbergerAppellate Division of the Supreme Court of the State of New York · 1995