Legal Opinion

Zapf v. Carter

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

Decided January 15, 1904PublishedCited by 2 opinions

Motion by the respondent, Lulu R. Carter, for an order granting judgment absolute after the coming down of the remittitur from the Court of Appeals, which did not direct judgment absolute for the respondent.

1Opinion of the Court

Spring, J.:

The respondent presents a copy of the remittitur of the Court of Appeals and asks that an order be granted for judgment absolute. The appeal in this case was dismissed by the Court of Appeals, and upon the coming down of the remittitur the respondent applied to the Special Term for an order making the judgment of the Court of Appeals the judgment of the Supreme Court. The Special Term granted the motion. The order was entered, but did not provide for judgment absolute in favor of the respondent. The order is not appealed from, and we might well rest our denial of the motion upon…

2Cases cited2 opinions

  1. In Matter of Petition of Prot. E. Pub. SchoolNew York Court of Appeals · 1881
  2. Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. Eikenberry v. Adirondack Spring Water Co.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Talcott v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1904

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