In Gedney v. Purdy (47 N.Y. 676) the Court of Appeals held that the motion might be made at any time, but the trend of more recent authorities is that it must be made promptly, else the motion is addressed to the sound discretion of the court.
Summary of this case from Cooke v. Metropolitan Street R. Co.Argued February 27, 1872
Decided March 1, 1872
F.G. Salmon for appellant.
J.W. Tompkins for respondent.
ALLEN, J., reads opinion for dismissal; all concur.
Appeal dismissed.
In Gedney v. Purdy (47 N.Y. 676) the Court of Appeals held that the motion might be made at any time, but the trend of more recent authorities is that it must be made promptly, else the motion is addressed to the sound discretion of the court.
Summary of this case from Cooke v. Metropolitan Street R. Co.Full title:GILBERT B. GEDNEY, Administrator, etc., Appellant, v . SAMUEL G. PURDY…
Court:Court of Appeals of the State of New York
Date published: Mar 1, 1872
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