Fry v. Bennett
The Superior Court of New York City
Appeal from an order denying a motion to amend a notice of appeal, and Motion to dismiss an appeal from an order denying a motion for a new trial. On the trial of this action the plaintiff had a verdict, and the defendant moved at a special term for a new trial. His motion was, on the 13th day of April, 1857, denied by the justice at special term.
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Appeal from an order denying a motion to amend a notice of appeal, and Motion to dismiss an appeal from an order denying a motion for a new trial. On the trial of this action the plaintiff had a verdict, and the defendant moved at a special term for a new trial. His motion was, on the 13th day of April, 1857, denied by the justice at special term. The facts respecting the denial of the motion and entry of the order, as they were disclosed by the affidavits, were briefly as follows: On the 13th of April the defendant’s motion for a new trial was brought on at special term, and the motion was…
1Opinion of the Court
By the Court.*—Woodruff, J.
—That provision of the Code of Procedure which limits the time within which an appeal must be taken is wisely enacted, in order that litigation may be terminated. That as other statutes prescribe' the time within which causes of action must be prosecuted, and still others provide compulsory means by which the progress of the controversy may by either party be hastened to judgment, so that by means of this limitation further litigation by appeal from court to court may be finally terminated.
And in providing this last means of determining the matter finally, and as…
2Cases cited2 opinions
- Tyler v. SimmonsNew York Court of Chancery · 1836
- Jenkins v. WildCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by6 opinions
- Williams v. BerginCalifornia Supreme Court · 1895
- Knickerbocker v. Redlands High School DistrictCalifornia Court of Appeal · 1942
- Levine v. Barrett & BarrettSupreme Court of Minnesota · 1901
- Biagi v. HowesCalifornia Supreme Court · 1885
- Boon v. City of UticaNew York Supreme Court · 1893
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