Purdy v. Peters
New York Supreme Court
Motion to require the prevailing party to enter judgment. This action was brought by John Purdy, survivor, &c., against John R. Peters, Jr., and others, executors. The cause was tried before Mr. Justice Gierke, in May, 1859; judgment was rendered in favor of plaintiff for $5,255.86, damages and costs; the defendants appealed to the general term, where the judgment was affirmed.
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Motion to require the prevailing party to enter judgment. This action was brought by John Purdy, survivor, &c., against John R. Peters, Jr., and others, executors. The cause was tried before Mr. Justice Gierke, in May, 1859; judgment was rendered in favor of plaintiff for $5,255.86, damages and costs; the defendants appealed to the general term, where the judgment was affirmed. The plaintiff then procured to- be settled on notice, and entered, a judgment or order of the court, at general term, reciting the appeal, the argument, and the affirmance, with costs. A copy of this order was served…
1Opinion of the CourtBarnard, J.
A party desiring to appeal to the Court of Appeals from a decision, by the general term, is entitled to have the party who was successful at the general term enter, or cause to be entered, formal judgment upon the decision.-
It is, however, urged in opposition to this motion, that formal judgment has not been entered by reason of'the fault or omission of the moving party, inasmuch as the clerk refuses to enter it, in consequence of some fee claimed by the clerk to be payable for a previous service performed by him not having been paid.
The fee in question, if payable at all, was in this case…
2Cited by2 opinions
- In re Van OrdenNew York Supreme Court · 1900
- Norton & Siegel, Inc. v. NolanAppellate Division of the Supreme Court of the State of New York · 1937