Oakley v. Cokalete
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mahlon B. Oakley, from an order of the. Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 4th day of October, 1895, amending an order for an additional allowance and also the judgment roll in the action. The Special Term at which the order appealed from was made was held by Mr. Justice Dykman. The cause was tried before Mr. Justice Barnard.
1Opinion of the Court
Per Curiam :
The order appealed from was not made by the same judge who tried the cause. It amended an order of the trial judge granting an extra allowance and also the judgment roll by striking therefrom certain recitals as to admissions made upon the trial. The question as to whether these recitals were correct or not could best be determined by the judge before whom the action was tried, inasmuch as he was still on the bench ;• and, in the exercise of a sound discretion, an application of this kind should not be entertained under such circumstances by another judge having no personal…
2Cited by5 opinions
- Schlossberg v. SchlossbergNew York City Family Court · 1970
- Schmidtgall v. Walshtown Tp.South Dakota Supreme Court · 1911
- Miller v. MillerAppellate Division of the Supreme Court of the State of New York · 1960
- Oakley v. CokaleteAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1899