Legal Opinion

Gelder v. International Ore Treating Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1912PublishedCited by 3 opinions

Appeal from an order, entered on the 6th day of May, 1912, denying a motion to vaeate a judgment.

1Per curiam

By the order of this court setting aside the verdict herein and ordering a new trial, the foundation of the judgment was taken away. The issues raised by the pleading are now undisposed of and until" such issues are tried and determined there can be no judgment in the action. The order is, therefore,, reversed, with ten dollars costs and disbursements, and the motion to vacate the judgment .granted. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Dowling, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted.

2Cited by3 opinions

  1. Gelder v. National Surety Co.Appellate Terms of the Supreme Court of New York · 1912
  2. Mireider v. New Hampshire Fire InsuranceCity of New York Municipal Court · 1960
  3. Fox v. LindenmanAppellate Terms of the Supreme Court of New York · 1913