Smith v. Evans
New York City Court
Appeal from a judgment and order denying motion for a new trial. This action was commenced in April, 1874, by John N. Smith, to recover damages from Charles E. Evans, for injury to property. The plaintiff recovered a judgment for $492.15, which was entered as of November 19, 1875. On January 4, 1876, defendant’s attorney obtained an order correcting the judgment, by reducing it by the amount of $50, and directing that the order be entered as of the date of the judgment.
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Appeal from a judgment and order denying motion for a new trial. This action was commenced in April, 1874, by John N. Smith, to recover damages from Charles E. Evans, for injury to property. The plaintiff recovered a judgment for $492.15, which was entered as of November 19, 1875. On January 4, 1876, defendant’s attorney obtained an order correcting the judgment, by reducing it by the amount of $50, and directing that the order be entered as of the date of the judgment. On January 12, 1876, defendant appealed from the judgment thus modified. The appeal was taken within due time, if computed…
1Opinion of the Court
By the Court.—McCue, J.
I think the appeal is taken in time.
The modification of the judgment by the order entered January 4, 1876, directing the reduction of the same by the sum of $50, has the effect of rendering null the notice of appeal heretofore served.
The judgment was originally entered as of November 19, 1875, for $492.15, and by order of the court made January 4, 1876, the judgment has been reduced *398so that it now stands as a judgment for $442.15. It is true that the order of January 4,1876, directs the modification to be made as of November 19,1875, but this is only for the purpose of…
2Cases cited2 opinions
- Champion v. Plymouth Congregational SocietyNew York Supreme Court · 1864
- Sherman v. WellsNew York Supreme Court · 1857
3Cited by1 opinion
- Thurston v. ThurstonNew York Supreme Court · 1911