Warren v. Eddy
New York Supreme Court
L November, 1860.—This was an appeal from an order of the special term, setting aside a judgment of affirmance entered upon order of the general term. The cause had been tried at circuit in Few York, before Mr. Justice Wright, and judgment rendered for the plaintiff. Defendant appealed, and gave the requisite undertaking to stay-proceedings, and subsequently served a proposed case and exceptions : the plaintiff proposed amendments.
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L November, 1860.—This was an appeal from an order of the special term, setting aside a judgment of affirmance entered upon order of the general term. The cause had been tried at circuit in Few York, before Mr. Justice Wright, and judgment rendered for the plaintiff. Defendant appealed, and gave the requisite undertaking to stay-proceedings, and subsequently served a proposed case and exceptions : the plaintiff proposed amendments. The case was-settled by Mr. Justice Wright, and returned to defendant. On receiving the amendments, defendant’s attorney notified the' plaintiff of the death of…
1Opinion of the Court
By the Court.*— Sutherland, P. J.
—I think the order of the general term affirming the judgment, and the judgment of affirmance entered thereon, were made and entered irregularly, and that the order of the special term, appealed from, setting aside the judgment of affirmance, should be affirmed.
The notice of argument for the February general term, 1860, was addressed to and served upon J. W. Culver, as the attorney for the defendant, Daniel F. Eddy, long after his death, and after the attorney for the appellant had been notified of his death.
At the time of the service of the notice, J. W.…
2Cases cited7 opinions
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- Colden v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1823
- Hastings v. McKinleyNew York Court of Appeals · 1853
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- Quick v. MerrillNew York Supreme Court · 1805
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