People Ex Rel. Dailey v. . Livingston
New York Court of Appeals
The nature of the motion and the facts appear in the opinion. The appellant was deprived of the books, papers and insignia of office by the judgment of ouster. (Old Code, § 437; Lott v. Sweezey, 29 Barb., 87, 88, 95.) This court, on reversing the judgment of ouster, has the power to compel restitution of the same to him.
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The nature of the motion and the facts appear in the opinion. The appellant was deprived of the books, papers and insignia of office by the judgment of ouster. (Old Code, § 437; Lott v. Sweezey, 29 Barb., 87, 88, 95.) This court, on reversing the judgment of ouster, has the power to compel restitution of the same to him. (New Code, § 1323; Marvin v. Brewster Iron Mining Co., 56 N. Y., 671.) The judgment of ouster having been reversed, the rights: of the parties remain precisely what they were previous to the trial of the issues ; and the appellant is entitled to restitution from the relator…
1Opinion of the CourtFolger, J.
This is a motion to amend the judgment heretofore given in this case, by adding to it a command that the relator surrender to the defendant, all the books, papers and insignia of office belonging or appertaining to the office of surrogate of Kings county, and the rooms appropriated to the use of that officer and his clerks. In shorter phrase, it is a motion to compel restitution to the defendant of a right lost by an erroneous judgment.
The 1323rd section of the Yew Code provides that where a final judgment is reversed on appeal, the appellate court may compel restitution of a right lost by…
2Cases cited1 opinion
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
3Cited by2 opinions
- State Ex Rel. Kurth v. GrindeMontana Supreme Court · 1934
- Brown v. SistiAppellate Division of the Supreme Court of the State of New York · 1936