McGregor v. James Buell
New York Court of Appeals
The facts in this case, as shown by the return, are¡ that at the October term of this court in 1861, in a case in which the present appellants were respondents, after hearing counsel for both parties, a judgment was pronounced reversing the judgment of the supreme court appealed from, “ without costs, and without prejudice to any future application for letters testamentary,” and that the notice of appeal and return thereto, and the judgment of this court, should be remitted…
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The facts in this case, as shown by the return, are¡ that at the October term of this court in 1861, in a case in which the present appellants were respondents, after hearing counsel for both parties, a judgment was pronounced reversing the judgment of the supreme court appealed from, “ without costs, and without prejudice to any future application for letters testamentary,” and that the notice of appeal and return thereto, and the judgment of this court, should be remitted to the supreme court, to be enforced according to law. The remittitur of this judgment, as set forth -in the present…
1Opinion of the CourtHenry R. Selden, J.
The record in this case appears to be very defective. This court can only look at the return of the court below for the facts upon which its judgment is to be given. Facts stated in the opinion of the court below, or elsewhere, not found in the return, cannot be regarded. From the return alone, it is not easy to ascertain what has been decided by the supreme court, and still less so to ascertain the grounds upon which such decision was based. It must, doubtless, be assumed from the uniformity of the names of the parties (although 'the fact is not otherwise shown), that the judgment of this…
2Cited by13 opinions
- In Matter of Petition of Prot. E. Pub. SchoolNew York Court of Appeals · 1881
- Fulton v. KrullAppellate Division of the Supreme Court of the State of New York · 1912
- Trowbridge v. SicklerWisconsin Supreme Court · 1880
- O'Brien v. SeyboltAppellate Division of the Supreme Court of the State of New York · 1914
- Stevens v. Central National BankAppellate Division of the Supreme Court of the State of New York · 1898
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