General

Anson M. Baker, Respondent, v. The Home Life Insurance Company, Appellant

63 N.Y. 630·New York Court of Appeals·1875·NY

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Opinion

Anson M. Baker, Respondent, v. The Home Life Insurance Company, Appellant. (Argued November 33, 1875; decided November 30, 1875.) This was an appeal from an order of the General Term affirming an order of Special Term amending the clerk’s minutes of the proceedings on trial by striking out a statement therein that the court directed a verdict for the defendant, and inserting instead, that the defendant moved that plaintiff be non-suited, which motion was granted. Held, that the court had power to correct any mistake in the record and to conform it to the facts, and that the order was not appealable. A. B. Capwell for the appellant. A. M. Bingham for the respondent. [MAJORITY — Andrews, J.,] Andrews, J., reads for dismissal of appeal. All concur. Appeal dismissed.