Christensen v. Morse Dry Dock and Repair Company
Cases that cite this one
3 later published cases cite this decision.
- In re the Arbitration between T. J. Stevenson & Co. & International Coal Corp. (New York Supreme Court 1953)
- In re the Probate of the Will of Phillips (New York Surrogate's Court 1950)
- Weiman v. Weiman (N.Y. 1946)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The stipulation for judgment absolute herein filed is made subject to the qualification that it is “ without prejudice to the right of the defendant, appellant, to appeal from said affirmance to the Supreme Court of the United States,” etc. The stipulation for judgment absolute (N. Y. Const, art. 6, § 7; Civ. Prac. Act, § 588, subd. 2) which must be filed to give this court jurisdiction on an appeal from an order granting a new trial is in effect a stipulation for judgment by consent in case of affirmance and should, therefore, be unqualified. This court may not dispense with the constitutional limitation on the right of appeal.
The appeal should be dismissed, with costs.
Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.