People Ex Rel. Smith v. . Village of Nelliston
New York Court of Appeals
This was a motion to vacate an order of this court, directing the attorneys for defendant to return the remittitur for correction as to costs, if erroneous. It appeared that the remittitur had, at the time this order was made, been filed with the clerk bcloxv ; but it did not appear that any action had been taken thereon by the court bcloxv, an order was then made ex parte, correcting the remittitur as to costs.
1Per curiam
There is some uncertainty in the practice as to the precise time when this court loses jurisdiction of a cause brought here upon appeal: (Burkle v. Luce, 1 Com., 239; Martin v. Wilson, id., 240; Palmer v. Lawrence, 1 Seld., 455; Seacord v. Morgan, 17 How. Pr., 394; Wilmerdings v. Fowler, 15 Abb. Pr. [N. S.], 86; Cushman v. Hadfield, id., 109.) For the purpose of settling this uncertainty, we now hold that jurisdiction in this court is not lost until the remittitur has been filed in the court below, and that court has taken some action thereon.
" This court, therefore, had jurisdiction to make…
2Cases cited1 opinion
- Seacord v. MorganNew York Supreme Court · 1859
3Cited by9 opinions
- Horton v. State ex rel. HaydenNebraska Supreme Court · 1901
- State ex rel. Caldwell v. Lincoln Street Railway Co.Nebraska Supreme Court · 1907
- Franklin Bank Note Co. v. MackeyNew York Court of Appeals · 1899
- Thompson v. KearneyNew York Court of Common Pleas · 1888
- Bradley-Currier Co. v. LallyNew York Court of Common Pleas · 1894
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