General

Philip A. Decker, Appellant, v. Andrew Morton, Respondent

159 N.Y. 572·New York Court of Appeals·1899·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Philip A. Decker, Appellant, v. Andrew Morton, Respondent. Decker v. Morton, 31 App. Div. 469, appeal dismissed. (Argued June 19, 1899; decided June 23, 1899.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1898, affirming a judgment in favor of defendant entered upon a verdict, and an order-denying a motion for a new trial. The motion was made upon the grounds that the appellant had failed to file a return or serve a case, and that a year had elapsed since the appeal was taken. T. J. Molloy for motion. Sol. A. Hyman opposed. [MAJORITY] Motion granted and appeal dismissed, with costs.