Austin, Nichols & Co. v. Jobes
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Municipal Court of the city of New York, borough of Brooklyn, third district, which denied plaintiff’s motion for an order directing the clerk of the Municipal Court to file and enter in his office the judgment rendered in the action on June 17, 1919, and also directing said clerk" to file copies of the pleadings and papers in place of the originals, which had been lost.
1Opinion of the CourtKelby, J.
The facts seem substantially undisputed. The trial of the action was had on June twelfth, in the Third District Municipal Court, and was fully tried out on the merits. No judgment having been filed, defendant moved, on July thirty-first, that the case be placed on the “ Reserved generally ” calendar as not having been decided within the statutory fourteen days. Plaintiff consented thereto, and the motion was granted. Some months later plaintiff’s attorney learned from the, trial justice that he had in fact decided the case within a few days of submission, and he thereupon procured from the…
2Cases cited1 opinion
- Fish v. . EmersonNew York Court of Appeals · 1871
3Cited by3 opinions
- Langrick v. RoweNew York Supreme Court · 1925
- Arzt v. Derna International, Inc.Appellate Terms of the Supreme Court of New York · 1953
- Hugunin v. HuguninNew York Supreme Court · 1957