Cushman v. . Brundrett
New York Court of Appeals
Motion to dismiss appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term setting aside an inquest. The facts and grounds of motion appear in the opinion. *
1Opinion of the CourtPeckham, J.
Motion to dismiss appeal on the ground that the order involved discretion, also that it was not taken in time. The plaintiff took an inquest in May, 1870. This was set aside by an order at Special Term in first district, Supreme Court, with ten dollars, costs to abide event. The motion was made for irregularity and on the merits. The plaintiff appealed from that order to the General Term of that department. That appeal was decided against him, and after the expiration of more than sixty days from receiving written notice of that last order he appeals to this court. The defendants now move to…
2Cited by4 opinions
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Cohen v. EllisNew York Supreme Court · 1885
- Mills v. . HildrethNew York Court of Appeals · 1880
- Schmohl v. FuscoNew York Court of Common Pleas · 1892