Mitchell v. Dunmore Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Donald Mitchell, from a judgment of the Supreme Court in favor of the defendant, The Dunmore Realty Company, entered in the office of the clerk of the county of Mew' York on the 12th day of May, 1909; dismissing the complaint as to the said defendant, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 12th day of May, 1909, and such part of the intermediate order, entered in said clerk’s…
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Appeal by the plaintiff, Donald Mitchell, from a judgment of the Supreme Court in favor of the defendant, The Dunmore Realty Company, entered in the office of the clerk of the county of Mew' York on the 12th day of May, 1909; dismissing the complaint as to the said defendant, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 12th day of May, 1909, and such part of the intermediate order, entered in said clerk’s office on the 19th day of February, 1909, as dismissed the complaint on the pleadings.
1Dissent
Laughlin, J. (dissenting):
It must be borne in mind that the right to appeal as statutory. (Carczynski v. Russell, 75 Hun, 512.) I am unable to find in the Code of Civil Procedure any provision authorizing an appeal from this judgment! The judgment was duly "entered pursuant to an order made, in accordance with the provisions of section 547 of the-Code of Civil Procedure which authorizes an application for judgment on the pleadings, .not on the trial of issues of law'or of issues of fact, ‘but by motion at Special Term, and the hearing is not a trial either of issues of law or of fact within…
2Cases cited6 opinions
- Cambridge Valley National Bank v. LynchNew York Court of Appeals · 1879
- Jones v. SabinAppellate Division of the Supreme Court of the State of New York · 1907
- Spies v. MunroeAppellate Division of the Supreme Court of the State of New York · 1898
- Garczynski v. RussellNew York Supreme Court · 1894
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
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