Judson v. Gray
New York Court of Appeals
This action was to recover for services rendered by the-plaintiff (respondent), as referee in a cause, commenced in the court of chancery, and brought into and continued in the 6th judicial district, wherein Absalom Calkins was complainant, and Asa M. Calkins et al. were defendants. The bill filed in the suit last stated was filed to redeem certain premises from the lien of a mortgage.
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This action was to recover for services rendered by the-plaintiff (respondent), as referee in a cause, commenced in the court of chancery, and brought into and continued in the 6th judicial district, wherein Absalom Calkins was complainant, and Asa M. Calkins et al. were defendants. The bill filed in the suit last stated was filed to redeem certain premises from the lien of a mortgage. The mortgagee and those claiming under him had been in possession of the premises for many years, and Calkins, the mortgagor, sought in that suit to redeem and to compel the defendants to account for the rents…
1Opinion of the Court
By the court—Mason, Justice.
The defendant claimed and insisted, upon the trial of this cause, that the court had no jurisdiction over the cause or the person of the defendant The objection is based upon the fact that this cause had been appealed tb the court of appeals from a former judgment of this court in the action, and the judgment had been reversed anda new trial ordered, and the remittitur, although awarded and sent to this court, had never been filed with the clerk of this court. It appears from the bill of exceptions that the remittitur had been delivered to the defendant, who…
2Cases cited3 opinions
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Rew v. BarkerNew York Supreme Court · 1823
3Cited by7 opinions
- Barker v. . BradleyNew York Court of Appeals · 1870
- Helms v. KearnsIndiana Supreme Court · 1872
- Riordan v. First Presbyterian ChurchNew York Court of Common Pleas · 1893
- Geary v. PageThe Superior Court of New York City · 1862
- Laney v. Rochester Ry. Co.New York Supreme Court · 1894
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