Stevens v. Central National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Aaron R. Stevens and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Rensselaer on the 8th day of August, 1898, upon a remittitur from the Court of Appeals, and also from an order made at the Ulster Special Term, bearing date the 6th day of August, 1898, directing the entry of such judgment, and awarding costs and an extra allowance to the successful defendants.
1Opinion of the Court
Herrick, J. :
As a general rule it is the duty of the Special Term, upon the return of a remittitur from the Court of Appeals, to enter exactly the order or judgment which that court directs, and neither add to, nor take away from, such judgment or order. (McGregor v. Buell, 1 Keyes, 153; Matter of Prot. E. Pub. School, 86 N. Y. 396.)
Under those decisions, where nothing is said as to costs, none should ordinarily be given by the Special Term in rendering its judgment upon the remittitur.
*36The direction of the Court of Appeals in this matter is rather . indefinite ; it directs that the judgment…
2Cases cited2 opinions
- In Matter of Petition of Prot. E. Pub. SchoolNew York Court of Appeals · 1881
- McGregor v. James BuellNew York Court of Appeals · 1864
3Cited by1 opinion
- Green v. Supreme Council of Royal ArcanumNew York Supreme Court · 1915