Courtney v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Courtney v. Metropolitan Street Railway Co.

28 Misc. 779, 59 N.Y.S. 1101

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 15, 1899

StatusPublished

This text of 28 Misc. 779 (Courtney v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Courtney v. Metropolitan Street Railway Co., 28 Misc. 779, 59 N.Y.S. 1101 (N.Y. Ct. App. 1899).

Pincite

Opinion

Freedman, P. J.

The irregularities complained of, and especially the alterations affecting the date of the judgment appealed from, which appear in the notice of appeal and in the undertaking filed in the office of the clerk of the court below, are, taken together, of so grave a character that practically no sufficient notice of appeal was served within the statutory time.

The motion to dismiss the appeal should be granted, with ten dollars costs.

MacLean, P. J., concurs; Leventritt, J., taking no part.

Motion to dismiss appeal granted, with ten dollars costs to respondents.

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Freedman, P. J.

The irregularities complained of, and especially the alterations affecting the date of the judgment appealed from, which appear in the notice of appeal and in the undertaking filed in the office of the clerk of the court below, are, taken together, of so grave a character that practically no sufficient notice of appeal was served within the statutory time.

The motion to dismiss the appeal should be granted, with ten dollars costs.

MacLean, P. J., concurs; Leventritt, J., taking no part.

Motion to dismiss appeal granted, with ten dollars costs to respondents.

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Bluebook (online)

28 Misc. 779, 59 N.Y.S. 1101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courtney-v-metropolitan-street-railway-co-nyappterm-1899.