Oliver v. French
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Columbia county. Action by Effie B. Oliver against Margaret R. French, as administratrix of John W. French, deceased, and others, to have a sale of mortgaged real estate made under a judgment of foreclosure in the action by Margaret R. French, substituted as plaintiff in place of John W. French, deceased, against Effie B. Oliver and others, set aside, with the referee’s deed on such sale, and for a resale under the judgment of foreclosure.
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Appeal from special term, Columbia county. Action by Effie B. Oliver against Margaret R. French, as administratrix of John W. French, deceased, and others, to have a sale of mortgaged real estate made under a judgment of foreclosure in the action by Margaret R. French, substituted as plaintiff in place of John W. French, deceased, against Effie B. Oliver and others, set aside, with the referee’s deed on such sale, and for a resale under the judgment of foreclosure. Judgment was entered in favor of plaintiff on April 26, 1893. Plaintiff moved on March 26, 1894, to conform the judgment to the…
1Opinion of the CourtLandon, J.
We overrule the objection that the motion was not made within one year from the entry of the judgment. It was first made within the year, and denied; and upon appeal to the general term the order was affirmed, because the irregularities complained of were not sufficiently specified, but without prejudice^ to the renewal of the motion. 30 N. Y. Supp. 52. Then the motion was renewed, upon additional papers, after the year had expired. While this is not technically the original motion, it is substantially so, as amended pursuant to leave granted by the general term.
The learned trial judge, by…
2Cases cited2 opinions
- Moseley v. . MarshallNew York Court of Appeals · 1860
- Oliver v. FrenchNew York Supreme Court · 1894