Brown v. Simmons
New York Court of Common Pleas
Appeal from an order of the General Term of the City Court of New York affirming an order granting a new trial. The facts are stated in the opinion.
1Opinion of the Court
Van Hoesen, J. —
The rule that we apply in determining whether to dismiss the appeal, or whether to give judgment absolute against the appellant, where an appeal is taken to this court from an order of the General Term of the City Court that grants a new trial, may be found in the cases of Tisdale v. Murray (9 Daly 446), Sands v. Crooke (46 N. Y. 569), and Harris v. Burdett (73 N. Y. 136).
*457If the appeal is submitted to us for decision, we affirm the order, and give- judgment absolute against the appellant, whenever we' discover in the record an exception that is' sufficient to warrant the order…
2Cases cited4 opinions
- Harris v. . BurdettNew York Court of Appeals · 1878
- MacKay v. . LewisNew York Court of Appeals · 1878
- Sands v. . CrookeNew York Court of Appeals · 1871
- Tinsdale v. MurrayNew York Court of Common Pleas · 1881
3Cited by2 opinions
- Smith v. PryorNew York Court of Common Pleas · 1890
- Mallery v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905