Roberts v. White
The Superior Court of New York City
Appeal from a judgment and order. The action was to obtain an injunction restraining the defendants from interfering with a party wall. It was tried at special term in February, 1863, by the late Chief Justice Barbour, without a jury. He made and signed his findings of fact and conclusions of law, but they were not filed during his continuance in office.
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Appeal from a judgment and order. The action was to obtain an injunction restraining the defendants from interfering with a party wall. It was tried at special term in February, 1863, by the late Chief Justice Barbour, without a jury. He made and signed his findings of fact and conclusions of law, but they were not filed during his continuance in office. His term expired December 31, 1873. The conclusions of law were: “That the defendants are entitled to a reference to ascertain what, if any, damages they have sustained by reason of the injunction issued at the instance and on behalf of the…
1Opinion of the Court
By the Court.—Monell, Ch. J.
—The judgment as entered, being merely for a dismissal of the complaint and for costs, no question arises upon it, except as to the regularity of its entry. The error in directing a reference before judgment, and awarding damages as part of the judgment, was not repeated in the judgment as entered.
It is now claimed—and the appeal from the order of the special term furnishes the facts and presents the question—that no judgment could be entered upon the decision of the justice who. tried the cause, after the expiration of his term of office.
Upon the trial of an issue…
2Cases cited2 opinions
- Moore v. WesterveltThe Superior Court of New York City · 1857
- Schenectady & Saratoga Plank Road Co. v. ThatcherNew York Supreme Court · 1851
3Cited by1 opinion
- Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913