Green v. Roworth
New York Court of Common Pleas
Action by Emma T. Green, administratrix, against Joseph G. Boworth and others. An order of reference was made, and defendant’s motion for a new trial of the application therefor was. dismissed. Defendants now move to vacate the order of dismissal, and to hear the motion for a new trial on the merits.
1Opinion of the CourtBischoff, J.
Defendants sought a review of the interlocutory judgment entered herein by motion for a new trial upon a case and exceptions at general term, pursuant to the provisions of section 1001 of the Code of Civil Procedure; and upon the hearing the motion was dismissed, because the case did not purport to have been settled and signed by the trial judge, as required by the Code and the general rules of practice. Green v. Roworth, 4 Misc. Rep. 141, 23 N. Y. Supp. 777. Defendants now move to have the order of dismissal vacated, and to have the motion for a new trial determined *38upon the merits, because…
2Cases cited1 opinion
- Green v. RoworthNew York Court of Common Pleas · 1893