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Peterson v. Swan

Court of Appeals of the State of New York
Mar 21, 1890
23 N.E. 1004 (N.Y. 1890)

Summary

In Peterson v. Swan (119 N.Y. 662) we held that "although a copy of the record has been filed with the clerk, pursuant to the notice of appeal, yet, the court below so far retains jurisdiction of the case as to enable it to make such amendments to the record as it shall deem proper and to order that the amendment shall be duly certified to us and filed with our clerk.

Summary of this case from People v. Flanigan

Opinion

Argued March 4, 1890

Decided March 21, 1890

Arthur L. Andrews for motion.

Esek Cowen opposed.


PECKHAM, J., reads for denial of motion.

All concur.

Motion denied.


Summaries of

Peterson v. Swan

Court of Appeals of the State of New York
Mar 21, 1890
23 N.E. 1004 (N.Y. 1890)

In Peterson v. Swan (119 N.Y. 662) we held that "although a copy of the record has been filed with the clerk, pursuant to the notice of appeal, yet, the court below so far retains jurisdiction of the case as to enable it to make such amendments to the record as it shall deem proper and to order that the amendment shall be duly certified to us and filed with our clerk.

Summary of this case from People v. Flanigan

In Peterson v. Swan (119 N.Y. 662) it was held that although a copy of a record had been filed with the clerk of the Court of Appeals, the court below retained jurisdiction of the case so as to enable it to make such amendment to the record as it should deem proper, and to order the amendment to be duly certified to and filed with the clerk of the Court of Appeals, and, when duly filed, it was to be regarded as part of the original return.

Summary of this case from De Cicco v. Schweizer
Case details for

Peterson v. Swan

Case Details

Full title:JOHN PETERSON, Appellant, v . JOHN SWAN, Respondent

Court:Court of Appeals of the State of New York

Date published: Mar 21, 1890

Citations

23 N.E. 1004 (N.Y. 1890)
23 N.E. 1004
30 N.Y. St. Rptr. 208

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