General

Phineas W. Sprague, Respondent, v. The Western Union Telegraph Company, Appellant

64 N.Y. 658·New York Court of Appeals·1876·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

Phineas W. Sprague, Respondent, v. The Western Union Telegraph Company, Appellant. (Argued April 4, 1876; decided April 11, 1876.) This was a motion to dismiss an appeal on the ground that the case was not appealable under the amendment of 1874 to section 11 of the Code (chap. 322 Laws of 1874); and that no order had been obtained, as there required, authorizing the appeal. The judgment was less than $500. An order was granted by a General Term succeeding the one that decided the appeal. It was objected that under the words of said section, requiring the order to be of “ the General Term from whose decision or determination such an appeal shall be taken,” no General Term save the one deciding the appeal could make the order. Held, untenable. Edward D. McCarthy for the motion. George W. Soren opposed. [MAJORITY] Agree to deny motion. No opinion. All concur. Motion denied.