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Meistrell v. Schmitt

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1911
143 App. Div. 938 (N.Y. App. Div. 1911)

Opinion

March, 1911.


Judgment of the Municipal Court affirmed, with costs. No opinion. Jenks, P.J., Burr, Woodward and Rich, JJ., concurred; Hirschberg, J., read for dismissal.


The return in this case recites the granting of a judgment which was rendered and docketed on June 28, 1910, in favor of the plaintiff and against the defendant for the sum of $185.72 damages and costs, taxed at the sum of $19.40. Two notices of appeal appear in the record. One is not subscribed either by the appellant or by his attorney in the appellate court, as required by section 311 of the Municipal Court Act, and recites that the judgment appealed from was one rendered on June 29, 1910, costs being $21.40. The other notice of appeal is properly subscribed, but recites that the judgment appealed from was one rendered on June 29, 1910, for the sum of $170 damages and $17 costs. In the circumstances, the appeal should be dismissed, with costs.


Summaries of

Meistrell v. Schmitt

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1911
143 App. Div. 938 (N.Y. App. Div. 1911)
Case details for

Meistrell v. Schmitt

Case Details

Full title:HENRY F. MEISTRELL, Respondent, v . PHILIP SCHMITT, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1911

Citations

143 App. Div. 938 (N.Y. App. Div. 1911)