Chester v. Jumel
New York Supreme Court
Appeal from special term, Hew York county. This is an appeal by defendants to vacate the judgment in this action entered on report of a referee. For a statement of the facts, see ante, 809.
1Opinion of the CourtDaniels, J.
The motion to vacate the judgment was made in part upon the ground of irregularity, founded upon the fact that it had been entered without application to the court. This was afterwards corrected, and the judgment entered and settled as it is now contained in the case.
The application was also considered to be supported by the position that it could not be entered for the distribution of the funds in the hands of Elliott, or for any deficiency that might remain due to the persons affected by it. But a complete determination of the action heard and determined by the referee required these…
2Cited by2 opinions
- Knapp v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893
- Troy Carriage Co. v. SimsonNew York Supreme Court · 1896