Land Brokerage Co. v. Hamilton

Appellate Terms of the Supreme Court of New York

Land Brokerage Co. v. Hamilton

153 N.Y.S. 952

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 16, 1915

StatusPublished

This text of 153 N.Y.S. 952 (Land Brokerage Co. v. Hamilton) 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

Land Brokerage Co. v. Hamilton, 153 N.Y.S. 952 (N.Y. Ct. App. 1915).

Pincite

Opinion

PER CURIAM.

This case does not come before the court upon an appeal, but pursuant to an order of the City Court of the City of New York that defendant’s exceptions be heard here in the first instance before judgment.

The statute which authorizes the hearing of exceptions in an appellate court upon a motion for a new trial applies only to a trial by jury (Code C. P. § 1000), and this case was tried by the court without a jury. Further, it has been held that the Appellate Term has no jurisdiction in a proceeding of this nature. Dickson v. Manhattan R. Co., 45 Misc. Rep. 572, 91 N. Y. Supp. 36.

Proceedings dismissed, with $10 costs and disbursements, and defendant remitted to her remedy in the court below.

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PER CURIAM.

This case does not come before the court upon an appeal, but pursuant to an order of the City Court of the City of New York that defendant’s exceptions be heard here in the first instance before judgment.

The statute which authorizes the hearing of exceptions in an appellate court upon a motion for a new trial applies only to a trial by jury (Code C. P. § 1000), and this case was tried by the court without a jury. Further, it has been held that the Appellate Term has no jurisdiction in a proceeding of this nature. Dickson v. Manhattan R. Co., 45 Misc. Rep. 572, 91 N. Y. Supp. 36.

Proceedings dismissed, with $10 costs and disbursements, and defendant remitted to her remedy in the court below.

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Bluebook (online)

153 N.Y.S. 952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/land-brokerage-co-v-hamilton-nyappterm-1915.

Opinion

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