General

Carrie Myhill, Respondent, v. Hannah W. Bogardus, as Administratrix of Edgar Z. Pells, Deceased, Appellant

164 N.Y. 569·New York Court of Appeals·1900·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

Carrie Myhill, Respondent, v. Hannah W. Bogardus, as Administratrix of Edgar Z. Pells, Deceased, Appellant. Reported below, 19 App. Div. 628. (Argued October 1, 1900; decided October 9, 1900.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The motion was made upon the ground that the decision of the Appellate Division was unanimous; that an appeal has not been allowed by the Appellate Division or by a judge of this court; that the action was for a personal injury, and that this court has no jurisdiction to hear the appeal. 8. E. Filhins for motion. John Cd. Milium and Leon M. Sherwood opposed. [MAJORITY] Motion denied, with ten dollars costs.