Lawlor v. . Magnolia Metal Company

New York Court of Appeals

Lawlor v. . Magnolia Metal Company

53 N.E. 537, 158 N.Y. 743, 12 E.H. Smith 743, 1899 N.Y. LEXIS 865

DecidedApril 18, 1899

StatusPublished

This text of 53 N.E. 537 (Lawlor v. . Magnolia Metal Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lawlor v. . Magnolia Metal Company, 53 N.E. 537, 158 N.Y. 743, 12 E.H. Smith 743, 1899 N.Y. LEXIS 865 (N.Y. 1899).

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Opinion

Per Curiam.

Since the argument of this appeal, the order of the Appellate Division, which was silent as to its grounds for reversal, has been amended by that court so as to state that it was granted “ upon questions of fact and questions of law,” thus affecting our jurisdiction to review. Inasmuch as the present order of reversal is not the order from which the appeal was taken, and as it was made a condition of granting the amendment of the order that, in case the plaintiff withdraws his appeal, the defendant is to pay to him all costs and disbursements which have accrued upon the appeal to this court, we think the circumstances to be such as to warrant us in granting leave to the appellant to withdraw his appeal upon the terms stated in the order of the Appellate Division, and it' is so ordered.

All concur.

Leave to withdraw appeal granted.

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Per Curiam.

Since the argument of this appeal, the order of the Appellate Division, which was silent as to its grounds for reversal, has been amended by that court so as to state that it was granted “ upon questions of fact and questions of law,” thus affecting our jurisdiction to review. Inasmuch as the present order of reversal is not the order from which the appeal was taken, and as it was made a condition of granting the amendment of the order that, in case the plaintiff withdraws his appeal, the defendant is to pay to him all costs and disbursements which have accrued upon the appeal to this court, we think the circumstances to be such as to warrant us in granting leave to the appellant to withdraw his appeal upon the terms stated in the order of the Appellate Division, and it' is so ordered.

All concur.

Leave to withdraw appeal granted.

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Bluebook (online)

53 N.E. 537, 158 N.Y. 743, 12 E.H. Smith 743, 1899 N.Y. LEXIS 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawlor-v-magnolia-metal-company-ny-1899.