Battersby v. Collier
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Jenyns C. Battersby, for a new trial upon -a case containing exceptions, ordered to .be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by -direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Rumsey, J.:
Before proceeding’ to the discussion of this case, it is proper to •call attention to the form of the order directing the exceptions to be heard in this court in the- first instance. That order provides for the service of a notice of appeal, which was entirely unnecessary and improper. Where the exceptions are ordered to be heard, as was done here, and judgment is suspended until the hearing and decision, there is nothing to appeal from. The only proceedings that can be taken are, the making of a case or bill of exceptions .and bringing the exceptions to be heard in this court; and…
2Cases cited4 opinions
- Foot v. BrownNew York Supreme Court · 1811
- Ward v. ClarkNew York Supreme Court · 1806
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1897
- Garr v. SeldenNew York Supreme Court · 1849
3Cited by13 opinions
- Twiggar v. Ossining Printing & Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Locke v. GibbonsNew York Supreme Court · 1937
- Locke v. Benton & Bowles, Inc.Appellate Division of the Supreme Court of the State of New York · 1938
- Crowell v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1915
- Walker v. BestAppellate Division of the Supreme Court of the State of New York · 1905
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