Christensen v. Morse Dry Dock and Repair Company

New York Court of Appeals

Christensen v. Morse Dry Dock and Repair Company

154 N.E. 616, 243 N.Y. 587, 1926 N.Y. LEXIS 864

CourtNew York Court of Appeals

DecidedJuly 9, 1926

StatusPublished

Cited by3 cases

This text of 154 N.E. 616 (Christensen v. Morse Dry Dock and Repair Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Christensen v. Morse Dry Dock and Repair Company, 154 N.E. 616, 243 N.Y. 587, 1926 N.Y. LEXIS 864 (N.Y. 1926).

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Opinion

Per Curiam.

The stipulation for judgment absolute herein filed is made subject to the qualification that it is “ without prejudice to the right of the defendant, appellant, to appeal from said affirmance to the Supreme Court of the United States,” etc. The stipulation for judgment absolute (N. Y. Const, art. 6, § 7; Civ. Prac. Act, § 588, subd. 2) which must be filed to give this court jurisdiction on an appeal from an order granting a new trial is in effect a stipulation for judgment by consent in case of affirmance and should, therefore, be unqualified. This court may not dispense with the constitutional limitation on the right of appeal.

The appeal should be dismissed, with costs.

Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.

Appeal dismissed.

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Per Curiam.

The stipulation for judgment absolute herein filed is made subject to the qualification that it is “ without prejudice to the right of the defendant, appellant, to appeal from said affirmance to the Supreme Court of the United States,” etc. The stipulation for judgment absolute (N. Y. Const, art. 6, § 7; Civ. Prac. Act, § 588, subd. 2) which must be filed to give this court jurisdiction on an appeal from an order granting a new trial is in effect a stipulation for judgment by consent in case of affirmance and should, therefore, be unqualified. This court may not dispense with the constitutional limitation on the right of appeal.

The appeal should be dismissed, with costs.

Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.

Appeal dismissed.

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Bluebook (online)

154 N.E. 616, 243 N.Y. 587, 1926 N.Y. LEXIS 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christensen-v-morse-dry-dock-and-repair-company-ny-1926.

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