Wells, Fargo & Co. v. Wellsville, Coudersport & Pine Creek Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Wellsville, Coudersport and Pine Creek .Railroad Company and others, from so much of an order of the Supreme Court, made at the Chemung Special Term and' entered in the office of the clerk of the county of Allegany on' the 24th day of August, 1896,. as enjoins and restrains tire defendants, the Wellsville, Coudersport and Pine Creek Railroad Company, the Buffalo and Susquehanna Railroad Company, and. their and each of their officers, agents,…
Read the full summary
Appeal by the defendants, the Wellsville, Coudersport and Pine Creek .Railroad Company and others, from so much of an order of the Supreme Court, made at the Chemung Special Term and' entered in the office of the clerk of the county of Allegany on' the 24th day of August, 1896,. as enjoins and restrains tire defendants, the Wellsville, Coudersport and Pine Creek Railroad Company, the Buffalo and Susquehanna Railroad Company, and. their and each of their officers, agents, attorneys, employees and representatives, during the period hereinafter mentioned, from engaging in the express business on…
1Per curiam
It has been held (Robbins v. Ferris, 5 Hun, 286), and the decision lays down a sound rule of practice, that in case a party moves to vacate an order and his motion is denied, with leave to renew, he cannot appeal from the order, for the reason that he has not exhausted his remedy at Special Term. In the case cited the plaintiff availed himself of the leave granted and also appealed from the first order, but the reason for holding such an order not appealable is as strong in the present case as in the one cited. The order made on the new motion, if any, becomes the final one, determining the…
2Cited by3 opinions
- Lake v. LakeAppellate Division of the Supreme Court of the State of New York · 1908
- Koeppel v. KoeppelAppellate Terms of the Supreme Court of New York · 1905
- Lake v. LakeAppellate Division of the Supreme Court of the State of New York · 1908