Clark v. . Scovill
New York Court of Appeals
Appeal, by permission, from an order of the Appellate' Division of the Supreme Court in the fourth judicial department, entered July 10, 1909, which reversed an order of Special Term whereby the clerk was directed to strike from a judgment formerly entered in this action the words “ on the merits ” wherever the same appeared therein. The general history of this protracted litigation may be learned by reading the reports of its passage through the courts. (88 App.
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Appeal, by permission, from an order of the Appellate' Division of the Supreme Court in the fourth judicial department, entered July 10, 1909, which reversed an order of Special Term whereby the clerk was directed to strike from a judgment formerly entered in this action the words “ on the merits ” wherever the same appeared therein. The general history of this protracted litigation may be learned by reading the reports of its passage through the courts. (88 App. Div. 392; 111 App. Div. 35; 116 App. Div. 923; 133 App. Div. 821; 185 N. Y. 541; 191 N. Y. 8.) The action was commenced on the…
1Opinion of the CourtVann, J.
The main question presented by this appeal is whether the judgment before us was rendered on the merits. The learned justices of the Appellate Division were of the opinion that as the verdict might have been directed on the merits the judgment is a bar, but according to the true rule it is not a bar unless it must have been directed on the merits. The judgment roll is the primary but not the exclusive guide to determine the question and when it appears therefrom that the. judgment might have been rendered on the merits, or upon a ground not involving the merits, the presumption is that it was…
2Cases cited12 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
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3Cited by55 opinions
- Matter of Co-Operative Law Co.New York Court of Appeals · 1910
- People Ex Rel. Hirschberg v. Orange County CourtNew York Court of Appeals · 1936
- American Renaissance Lines, Inc. v. Saxis Steamship Co., and Multifacs International Traders, Inc.Court of Appeals for the Second Circuit · 1974
- Mink v. KeimNew York Court of Appeals · 1943
- Kenneth P. Wolf v. Gruntal & Co., Inc.Court of Appeals for the First Circuit · 1995
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