Legal Opinion

Jackson v. Smith

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

Decided December 15, 1912PublishedCited by 3 opinions

Settlement of an order of this court modifying a judgment of the Special Term.

1Opinion of the Court

Per Curiam:-

The order submitted by the appellant is in the proper form. This order, however, is not a judgment but an order of the Appellate Division modifying a judgment of the court below, and the order includes in it the form of the judgment as modified to be entered. This order necessarily has to be filed in the Appellate Division, and a certified copy of the order annexed to the record transmitted to the clerk of the Supreme Court, and on this order the clerk is required to enter a judgment in pursuance of section 1355 of the Code of Civil Procedure. The Court of Appeals has held that…

2Cited by3 opinions

  1. Silverstein v. Standard Accident Insurance of Detroit, MichiganNew York Court of Appeals · 1917
  2. Braun v. TaubCourt of Appeals for the Second Circuit · 1948
  3. Madden v. AtkinsAppellate Division of the Supreme Court of the State of New York · 1959

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