Crane v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Montgomery county. Action by T. H. Benton Crane and another, as assignees, against John. C. Miller. From an order of special term, directing the clerk to tax costs to defendant under the provisions of section 3234 of the Code of Civil Procedure, and also amending the judgment as entered so as to make it conform to the proceedings had at the trial, plaintiffs appeal. Affirmed.
1Opinion of the Court
PEE CUBIAM.
The judgment we must assume to be as corrected by the trial judge. He could better determine what took place on the trial than we can upon the conflicting affidavits before us, and he had the right to amend the judgment so that it would conform to the decision that he then made. Assuming it to be as amended, a judgment was recovered by defendant. It is something more than a mere nonsuit. It secures to defendant protection from ever again being prosecuted for the 11 causes of action first set forth in the complaint. The Burns Case, 135 N. Y. 268, 31 N. E. 1080, holds that a nonsuit…
2Cases cited4 opinions
- Burns v. . D., L. W.R.R. Co.New York Court of Appeals · 1892
- Welling v. Ivoroyd Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Moosbrugger v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1896
- Browning v. New York, L. E. & W. R.New York Supreme Court · 1892