Roberts v. Baumgarten

The Superior Court of New York City

Roberts v. Baumgarten

26 Jones & S. 407, 34 N.Y. St. Rep. 586

CourtThe Superior Court of New York City

DecidedDecember 1, 1890

StatusPublished

This text of 26 Jones & S. 407 (Roberts v. Baumgarten) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberts v. Baumgarten, 26 Jones & S. 407, 34 N.Y. St. Rep. 586 (N.Y. Super. Ct. 1890).

Pincite

Opinion

By the Court.—Freedman, J.

The question involved is a novel one. Many considerations have been advanced for and against the right to a new trial in a case like the present under the provisions of the Code of Civil. Procedure in force at the present time. The question can only be settled by the Court of Appeals and it is important that it should be settled. As the learned judge who made the order appealed from, rendered a well considered opinion, I think it is best, especially in view of the rulings of the Court of Appeals in Godfrey v. Moser, 66 N. Y. 250 ; Hiscock v. Harris, 80 lb. 402, and Conklin v. Snider, 104 lb. 641, as to the effect to be given to the stipulation for judgment absolute filed by an appellant to that court, that the order should be affirmed.

Order affirmed with ten dollars costs and disbursements.

Truax and Ingraham, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court.—Freedman, J.

The question involved is a novel one. Many considerations have been advanced for and against the right to a new trial in a case like the present under the provisions of the Code of Civil. Procedure in force at the present time. The question can only be settled by the Court of Appeals and it is important that it should be settled. As the learned judge who made the order appealed from, rendered a well considered opinion, I think it is best, especially in view of the rulings of the Court of Appeals in Godfrey v. Moser, 66 N. Y. 250 ; Hiscock v. Harris, 80 lb. 402, and Conklin v. Snider, 104 lb. 641, as to the effect to be given to the stipulation for judgment absolute filed by an appellant to that court, that the order should be affirmed.

Order affirmed with ten dollars costs and disbursements.

Truax and Ingraham, JJ., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

26 Jones & S. 407, 34 N.Y. St. Rep. 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-baumgarten-nysuperctnyc-1890.

Opinion

Related

Cite This Page — Counsel Stack