Grand Union Co. v. Bayer

Appellate Terms of the Supreme Court of New York

Grand Union Co. v. Bayer

65 Misc. 505, 120 N.Y.S. 50

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1909

StatusPublished

This text of 65 Misc. 505 (Grand Union Co. v. Bayer) 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

Grand Union Co. v. Bayer, 65 Misc. 505, 120 N.Y.S. 50 (N.Y. Ct. App. 1909).

Pincite

Opinion

Giegerich, J.

The appeal in this case is taken from an order of the Municipal Court dismissing the plaintiff’s complaint upon the ground of want of jurisdiction. Ho appeal [506]*506will lie from an order dismissing a complaint. Bevins & ¡Rogers, Appellate Term Practice, page 81 and cases cited. The remedy is by appeal from the judgment, which must be entered. Id. In the case át bar the record contains no order, although the notice of appeal recites one; and it appears that a judgment of dismissal was entered from which no appeal is taken.

Goff and Lehman, JJ., concur.

Appeal dismissed, with ten dollars costs.

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Giegerich, J.

The appeal in this case is taken from an order of the Municipal Court dismissing the plaintiff’s complaint upon the ground of want of jurisdiction. Ho appeal [506]*506will lie from an order dismissing a complaint. Bevins & ¡Rogers, Appellate Term Practice, page 81 and cases cited. The remedy is by appeal from the judgment, which must be entered. Id. In the case át bar the record contains no order, although the notice of appeal recites one; and it appears that a judgment of dismissal was entered from which no appeal is taken.

Goff and Lehman, JJ., concur.

Appeal dismissed, with ten dollars costs.

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Bluebook (online)

65 Misc. 505, 120 N.Y.S. 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grand-union-co-v-bayer-nyappterm-1909.