Dickson v. Knapp

Appellate Division of the Supreme Court of New York

Dickson v. Knapp

44 N.Y.S. 636

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 1897

StatusPublished

This text of 44 N.Y.S. 636 (Dickson v. Knapp) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dickson v. Knapp, 44 N.Y.S. 636 (N.Y. Ct. App. 1897).

Pincite

Opinion

PER CURIAM.

This is an unusual record, the like of which we have never before met. The action is to foreclose a mortgage on real estate, and was moved for trial at a special term held in Onondaga county, in November, 1896. When the case was moved, the defendant asked that the complaint be dismissed, on the grounds (1) that a cause of action was not stated in the complaint; (2) that causes of action were improperly joined in the complaint; and (3) that the defendant is entitled to a judgment because no reply had been served. The motion was properly denied by the learned justice presiding. The defendant did not except to the decision, which was put in the form of an order, nor was an exception thereafter filed or served. From this decision the defendant has appealed. The trial was not completed, and neither party had rested.

A decision of a special term, made during the trial of an action, cannot be reviewed by this court until the trial has been concluded, and a decision made, signed, filed, and excepted to, as provided by the Code of Civil Procedure.

The appeal should be dismissed, with fit) costs and disbursements.

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PER CURIAM.

This is an unusual record, the like of which we have never before met. The action is to foreclose a mortgage on real estate, and was moved for trial at a special term held in Onondaga county, in November, 1896. When the case was moved, the defendant asked that the complaint be dismissed, on the grounds (1) that a cause of action was not stated in the complaint; (2) that causes of action were improperly joined in the complaint; and (3) that the defendant is entitled to a judgment because no reply had been served. The motion was properly denied by the learned justice presiding. The defendant did not except to the decision, which was put in the form of an order, nor was an exception thereafter filed or served. From this decision the defendant has appealed. The trial was not completed, and neither party had rested.

A decision of a special term, made during the trial of an action, cannot be reviewed by this court until the trial has been concluded, and a decision made, signed, filed, and excepted to, as provided by the Code of Civil Procedure.

The appeal should be dismissed, with fit) costs and disbursements.

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Bluebook (online)

44 N.Y.S. 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickson-v-knapp-nyappdiv-1897.