Lane v. Bailey
New York Supreme Court
Motion to dismiss an appeal. In this action, which was brought by Robert Lane, and another, the plaintiffs recovered a verdict.
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Motion to dismiss an appeal. In this action, which was brought by Robert Lane, and another, the plaintiffs recovered a verdict. The plaintiffs entered judgment upon the verdict; and the defendants, having moved for an order for a new trial upon the judge’s minutes, which was denied, appealed from the order denying it, making a case, and serving it in the usual way, but without taking any appeal from the judgment. - When the appeal came on before the general term in February, 1865, the plaintiff’s counsel moved to dismiss the appeal, as being too late after judgment; and the motion was…
1Opinion of the Court
By the Court.*—Leonard, J.
The second subdivision of section 319, gives the right of appeal from an order denying a motion for a new trial.
No qualification is imposed limiting the right to cases where the judgment has not been entered.
This subject was considered at general term in the sixth district (13 Abb. Pr., 389; S. C., 22 How. Pr., 385 ; Pumpley v. The Village of Oswego). The right to appeal was there upheld in a similar case to the present.
On the next page of thp same volume of Howard occurs the case of Soverhill v. Post, decided in the third district, where a contrary rule was held,…
2Cases cited2 opinions
- Pumpelly v. Village of OwegoNew York Supreme Court · 1862
- Lea v. WolfNew York Supreme Court · 1872
3Cited by2 opinions
- Voisin v. Commercial Mutual InsuranceNew York Supreme Court · 1890
- Mackay v. LewisNew York Court of Appeals · 1878