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7 How. Pr. 191

Gale & Wisner v. Wells

New York Court of Appeals

Decided June 15, 1852

New York Court of Appeals · decided 1852-06-15

In this case an order was made by the Supreme Court in the first judicial district, in November 1851, “ granting a new trial” on a case. An appeal to this court from that order was made in January 1852, and the printed cases on the appeal were served upon the resoondenl’s attorney in March. The cause was placed upon the calendar of March term, and also upon that of the present term for argument.

Decided 1852-06-15

The Court, Ruggles, Ch. J.

¶1Granted the motion that the appeal he dismissed, without costs, either of the motion or upon the appeal. [No written opinion was delivered.] a

¶2This is the first case decided by the Court of Appeals after the passage of the repealing act of April 16, 1852: which took effect as a law on the 6th day of May 1852.

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