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Jones v. Anderson

71 N.Y. 599 Court N.Y. Decision date 1877-11-20 English

Delivered by Earl, J.,

Contents

Majority

p. 599
Cornelius Jones, Respondent, v. John P. Anderson, Appellant.

Headnote

When an appeal to this court has been dismissed for failure to serve papers, and the remittitur has been sent down, judgment entered thereon and execution issued, a motion will not be entertained to reinstate the appeal.
p. 600
It seems that in such case the appellant should move in the Supreme Court to have the proceedings there vacated, and the remittitur returned here, to the end that he may then make his motion for relief.
(Argued November 13, 1877 ;
decided November 20,1877.)
This was a motion to reinstate an appeal which had been regularly dismissed under the rule, for failure to serve printed case. Held, as above.
J. P. Sanders, for motion.
W. W. Niles, opposed.

reads mem. for denial of motion.

All concur.

Motion denied.