McGovern v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bernard McGovern, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of New York on the 26th day of January, 1906, granting,a stay of proceedings to enable the defendant to appeal to the Court of Appeals.
1Opinion of the Court
Ingraham, J.:
This action was to recover for personal injuries, and resulted in a judgment for the plaintiff entered upon the verdict of a jury. A motion for a new trial was made at the Trial Term and denied whereupon the defendant attempted to appeal from said judgment and order denying the motion for a new trial. His notice of appeal from the judgment was served too late and that appeal was dismissed. The appeal from the order denying, the motion for a new trial was then brought on for hearing at this court, and subsequently the order appealed from was affirmed, one justice dissenting (110…
2Cases cited1 opinion
- Van Arsdale v. . KingNew York Court of Appeals · 1898
3Cited by1 opinion
- Giuliano v. GiulianoAppellate Division of the Supreme Court of the State of New York · 1951