From Casetext: Smarter Legal Research

Sweeny v. Kellogg

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1904
96 App. Div. 399 (N.Y. App. Div. 1904)

Opinion

July, 1904.

Franklin Nevins, for the appellant.

William R. Conklin, for the respondents.


This appeal is from an order denying defendant's motion to amend the judgment roll by striking therefrom certain notices of trial.

We think the motion should have been granted. Notices of trial are no part of the judgment roll, and whenever included therein and complaint is made they should be stricken out. ( Dexter v. Dustin, 70 Hun, 515.) Section 1237 of the Code of Civil Procedure provides what papers shall constitute the judgment roll, and the notices of trial are not among the papers specified. If the respondents deem it of importance that the notices of trial should be printed in the case on appeal, then, unless the appellant includes them in his proposed case, the respondents can ask, by way of a proposed amendment thereto, that they be included therein.

The order appealed from, therefore, must be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.

VAN BRUNT, P.J., PATTERSON, O'BRIEN and HATCH, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.


Summaries of

Sweeny v. Kellogg

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1904
96 App. Div. 399 (N.Y. App. Div. 1904)
Case details for

Sweeny v. Kellogg

Case Details

Full title:MARY SWEENY and JOHN L. JORDAN, as Administrators, etc., of DENNIS SWEENY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 1, 1904

Citations

96 App. Div. 399 (N.Y. App. Div. 1904)
88 N.Y.S. 1033

Citing Cases

In re Agee's Estate

The right to a lien in each case was sustained. Counsel for appellant also refer to numerous cases under…