Gordon v. Mayer

Appellate Terms of the Supreme Court of New York

Gordon v. Mayer

119 N.Y.S. 1077

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 22, 1909

StatusPublished

This text of 119 N.Y.S. 1077 (Gordon v. Mayer) 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

Gordon v. Mayer, 119 N.Y.S. 1077 (N.Y. Ct. App. 1909).

Pincite

Opinion

GIEGERICH, J.

Two notices of appeal are attached to the record herein. Both are dated June 29, 1909. One purports to appeal from a judgment said to have been entered on June 28, 1909, for $57.65 in favor of the plaintiff. The other appeals from a judgment said to have been entered on the same day for $224.65 in favor of the plaintiff, and each notice of" appeal declares that the appeals are brought upon" the ground that “the same is excessive by the sum of $30.” No such judgments, however, appear in the return.. It is recited in the record: That on February 3, 1909, a judgment in favor of the plaintiff and against the defendant was entered for $150 damages, $2 costs, and $15 allowance, or $167 in all, on the verdict of a jury; that on May 27,1909, said judgment was affirmed, and on August 27, 1909, a satisfaction of said judgment was filed. There is nothing in the record showing the rendition of the judgments appealed from, and the appeals must therefore be dismissed.

Appeals dismissed, with $10 costs. All concur.

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GIEGERICH, J.

Two notices of appeal are attached to the record herein. Both are dated June 29, 1909. One purports to appeal from a judgment said to have been entered on June 28, 1909, for $57.65 in favor of the plaintiff. The other appeals from a judgment said to have been entered on the same day for $224.65 in favor of the plaintiff, and each notice of" appeal declares that the appeals are brought upon" the ground that “the same is excessive by the sum of $30.” No such judgments, however, appear in the return.. It is recited in the record: That on February 3, 1909, a judgment in favor of the plaintiff and against the defendant was entered for $150 damages, $2 costs, and $15 allowance, or $167 in all, on the verdict of a jury; that on May 27,1909, said judgment was affirmed, and on August 27, 1909, a satisfaction of said judgment was filed. There is nothing in the record showing the rendition of the judgments appealed from, and the appeals must therefore be dismissed.

Appeals dismissed, with $10 costs. All concur.

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Bluebook (online)

119 N.Y.S. 1077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-mayer-nyappterm-1909.