Blake v. Voight — 35 N.Y. St. Rep. 37

Majority

p. 37

Frederick D. Blake, Resp’t, v. Carl Voight et al., App’lts.1

(New York Common Pleas, General Term,

Filed January 5, 1891.)

Headnote

Appeal—Leave to go to court op appeals.

The questions involved in this action deemed of sufficient importance to be determined by the court of appeals, as there is no decision directly in point.

Motion for leave to appeal to the court of appeals.

Charles H. Hughes, for app’lts; C. Bainbridge Smith, for resp’t.

The additional term of this court are pointed to hear appeals from the district courts exclusively, and do not ordinarily entertain motions of this kind; but inasmuch as both parties have consented and are desirous that this general term should dispose of the motion in order that it may appear upon the next calendar of the court of appeals if it is granted, we have concluded to entertain it.

We deem the question litigated in this action and determined by the general term to be of sufficient importance to entitle the same to be finally settled by the court of appeals, inasmuch as there has been no decision directly upon the questions involved, provided that within five days from the entry of an order on this decision the appellant perfect his appeal to said court.

Bookstaver and Bischoff, JJ., concur.