Vought v. Gedney

Appellate Terms of the Supreme Court of New York

Vought v. Gedney

31 Misc. 760, 64 N.Y.S. 712

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1900

StatusPublished

Cited by1 cases

This text of 31 Misc. 760 (Vought v. Gedney) 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

Vought v. Gedney, 31 Misc. 760, 64 N.Y.S. 712 (N.Y. Ct. App. 1900).

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Opinion

Per Guriam.

This is a general appeal by the two defendants. The exceptions on which the appellants rely were taken by both appellants and not separately. As to one of the appellants the rulings were right. It has frequently been held that a general exception by two defendants to a ruling which was not erroneous as to one of them, is not available on behalf of the other. Bosley v. National Machine Co., 123 N. Y. 551; Markham v. Washburn, 45 N. Y. St. Repr. 683, and cases there cited. It was also held by the Court of Appeals in Schoonmaker v. Bonnie, 119 N. Y. 566, that a judgment will not be reversed as to one of several parties appellant, although erroneous in law as to him, upon a general exception by him, in the absence of a sufficient exception pointing out the particular error.

Judgment and order affirmed, with costs.

Present: Truax, P. J.; Scott and Dugro, JJ.

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Per Guriam.

This is a general appeal by the two defendants. The exceptions on which the appellants rely were taken by both appellants and not separately. As to one of the appellants the rulings were right. It has frequently been held that a general exception by two defendants to a ruling which was not erroneous as to one of them, is not available on behalf of the other. Bosley v. National Machine Co., 123 N. Y. 551; Markham v. Washburn, 45 N. Y. St. Repr. 683, and cases there cited. It was also held by the Court of Appeals in Schoonmaker v. Bonnie, 119 N. Y. 566, that a judgment will not be reversed as to one of several parties appellant, although erroneous in law as to him, upon a general exception by him, in the absence of a sufficient exception pointing out the particular error.

Judgment and order affirmed, with costs.

Present: Truax, P. J.; Scott and Dugro, JJ.

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Bluebook (online)

31 Misc. 760, 64 N.Y.S. 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vought-v-gedney-nyappterm-1900.

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