Pharis v. . Gere
New York Court of Appeals
Motion for' a reargument. (The case is reported in 110 E. T. 336.) Section 190 of the Code of Civil Procedure does not give to this court the power to entertain appeals except from final judgments of the General Term, and the decision appealed from is interlocutory and not final.
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Motion for' a reargument. (The case is reported in 110 E. T. 336.) Section 190 of the Code of Civil Procedure does not give to this court the power to entertain appeals except from final judgments of the General Term, and the decision appealed from is interlocutory and not final. (86 N. Y. 162.) If the case were within the definition of appealable cases under section 190, the jurisdiction, nevertheless, fails on the ground that this court has no function or power to review questions of fact. (Pharis v. Gere, 107 N. Y. 231.) If the result of the dismissal in the General Term of the appeal from…
1Opinion of the CourtFinch, J.
This is a motion for a reargument, and is supported by briefs which cover two hundred and eighty-nine printed pages, or more than forty times the length of the opinion which they criticise. The unusual and discouraging volume of the argument has not, however, prevented its perusal, since the question which it discusses is of more than ordinary importance.
The principal point urged makes its appearance on this motion for the first time. Our jurisdiction to entertain the appeal from the decision of the General Term is denied; and apparently upon the ground that where, after a verdict, there is…
2Cases cited2 opinions
- Case v. . DexterNew York Court of Appeals · 1887
- Pharis v. . GereNew York Court of Appeals · 1887
3Cited by3 opinions
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Prosser v. First National BankNew York Court of Appeals · 1887
- Wingert v. . KrakauerNew York Court of Appeals · 1905