General

Ruth R. Hutton, Appellant, v. The Metropolitan Elevated Railway Company et al., Respondents

162 N.Y. 650·New York Court of Appeals·1900·NY

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Opinion

Ruth R. Hutton, Appellant, v. The Metropolitan Elevated Railway Company et al., Respondents. Reported below, 19 App. Div. 243. (Argued April 16, 1900; decided April 20, 1900.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 12, 189t, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The motion was made upon the ground that the appeal was not taken within the time and in the manner prescribed by the Code of Civil Procedure. Sidney Smith for motion. Charles H. Strong opposed. [MAJORITY] Motion denied, with ten dollars costs, on the authority ■ of Guarantee Trust & Safe Deposit Company v. P., R. & N. E. R. R. Co. (160 N. Y. 1).