Hill v. Northrop
New York Supreme Court
Motion on the part of the plaintiffs in the case first entitled, to set aside the judgment and execution in the case last entitled, as against the plaintiffs in the first case.
1Opinion of the Court
T. R. Strong, Justice.
A judgment .upon a written offer of the defendant under § 385 of the Code is within the language of § 278, which prescribes that a judgment in the cases therein specified “ shall, in the first instance, be entered upon the direction of a single judge,” but it is manifest that the latter section was not intended to apply to such a judgment. By section 385 it is provided, that upon filing the offer with the papers, “ the clerk must thereupon enter judgment accordingly.” It is imperative upon the clerk to enter judgment; no direction of a judge is contemplated; and the…
2Cited by1 opinion
- In re Salisbury's EstateNew York Surrogate's Court · 1889