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ROBB v. OSGOODBY

Supreme Court, Appellate Term
Jun 1, 1897
20 Misc. 622 (N.Y. App. Term 1897)

Opinion

June, 1897.

S.F. Hyman, for motion.

A.B. Osgoodby, opposed.


The judgment was rendered in the Fourth District Court, March 9, 1897, and the time to appeal therefrom expired March 29, 1897.

A motion for a new trial was made by the defendant, and denied May 11, 1897.

In the appeal which was taken within twenty days after May 11th, the defendant appealed from the judgment as well as the order denying the motion for a new trial.

The act of 1896 (chap. 748) authorizes an appeal from an order granting a new trial, but does not authorize an appeal from an order denying a motion for a new trial.

The motion to dismiss must, therefore, be granted, with costs.

Present: McADAM and BISCHOFF, JJ.

Motion granted, with costs.


Summaries of

ROBB v. OSGOODBY

Supreme Court, Appellate Term
Jun 1, 1897
20 Misc. 622 (N.Y. App. Term 1897)
Case details for

ROBB v. OSGOODBY

Case Details

Full title:JOHN W. ROBB, Plaintiff, v . ALFRED B. OSGOODBY, Defendant

Court:Supreme Court, Appellate Term

Date published: Jun 1, 1897

Citations

20 Misc. 622 (N.Y. App. Term 1897)
46 N.Y.S. 451

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