Frost v. Frost
New York County Courts
Motion by plaintiff and -respondent to vacate the judgment entered herein on the 23d day of January, 1896, and the execution issued thereon, on the ground, ¡with other reasons, that the judgment is not in conformity to the decision which was rendered by the court in the above appeal. The.décision wás, in -brief, that the judgment below should be reversed.
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Motion by plaintiff and -respondent to vacate the judgment entered herein on the 23d day of January, 1896, and the execution issued thereon, on the ground, ¡with other reasons, that the judgment is not in conformity to the decision which was rendered by the court in the above appeal. The.décision wás, in -brief, that the judgment below should be reversed. The defendant entered a judgment declaring that the defendant is entitled to a return of the chattels in controversy, and, if a return cannot be had, to recover $200, and has issued an execution .thereon.
1Opinion of the CourtRoss, J.
The only judgment which could be rendered upon the appeal by the County Court was to affirm or reverse the judgment of the justice in whole or in part. Code Civ. Pro.,-, §" 3063. And the effect of a reversal is to leave the parties litigant in the -same condition as they were prior to the rendition of any judgment. Freeman on Judgments, § 481; Platz v. B. & C. C. & V. Co., 7 Misc. Rep. 476.
In a proper.case restitution may be compelled, but if not made-upon the hearing, must be enforced by a motion pursuant to the terms of section 3058, Code of Civil Procedure (see Wait’s Law and *431Practice,…
2Cases cited3 opinions
- Wheeler v. SmithSupreme Court of the United States · 1850
- Strong v. StrongThe Superior Court of New York City · 1865
- Ellert v. KellyNew York Court of Common Pleas · 1855