McKenna v. Meehan

But one of the points raised on this appeal merits consideration. It relates to a matter of procedure. In this action in equity the court has entered judgment without making a formal decision as prescribed by section 440 of the Civil Practice Act. The question presented is whether under all the circumstances the trial justice had power to enter judgment without making such decision.

Ordinarily such procedure would result in an invalid judgment requiring the remission of the cause to Special Term for correction. (Smith v. Geiger, 202 N. Y. 306, 312; Brewster v. Brewster Co., 204 id. 687;…