Underwood Typewriter Co. v. Driscoll

Appellate Terms of the Supreme Court of New York

Underwood Typewriter Co. v. Driscoll

137 N.Y.S. 871

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 8, 1912

StatusPublished

This text of 137 N.Y.S. 871 (Underwood Typewriter Co. v. Driscoll) 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

Underwood Typewriter Co. v. Driscoll, 137 N.Y.S. 871 (N.Y. Ct. App. 1912).

Pincite

Opinion

PER CURIAM.

There are two appeals in this case—one from the judgment taken against the defendant, and one from an order denying a motion to set aside the judgment upon the ground of fraud, etc.

The order appealed from recites that “upon the minutes in the above-entitled action, * * * and upon the minutes in the case of Underwood Typewriter Co. v. Lionel Realty Co.,” etc., the motion is denied. The minutes taken in the last-named action have not been handed up with the return herein, and it is evident that the appeal from the order cannot be determined until such minutes are made a part of the return.

The return is therefore remitted to the lower court for amendment in that respect.

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PER CURIAM.

There are two appeals in this case—one from the judgment taken against the defendant, and one from an order denying a motion to set aside the judgment upon the ground of fraud, etc.

The order appealed from recites that “upon the minutes in the above-entitled action, * * * and upon the minutes in the case of Underwood Typewriter Co. v. Lionel Realty Co.,” etc., the motion is denied. The minutes taken in the last-named action have not been handed up with the return herein, and it is evident that the appeal from the order cannot be determined until such minutes are made a part of the return.

The return is therefore remitted to the lower court for amendment in that respect.

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Bluebook (online)

137 N.Y.S. 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/underwood-typewriter-co-v-driscoll-nyappterm-1912.