O'Gorman v. Kamak
New York Court of Common Pleas
Appeal from an order of this court made at special term, allowing the defendants to amend the case, on appeal, after argument and decision at the general term. The action was brought upon the equity side of this court, to set aside and have canceled of record a deed of land which, on its face, purported to have been made from the plaintiff to the defendant Kamak, and which had been recorded as such.
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Appeal from an order of this court made at special term, allowing the defendants to amend the case, on appeal, after argument and decision at the general term. The action was brought upon the equity side of this court, to set aside and have canceled of record a deed of land which, on its face, purported to have been made from the plaintiff to the defendant Kamak, and which had been recorded as such. The plaintiff claimed that he had no knowledge of ever having executed the deed, and that, if he had ever done so, it had been without consideration, and upon the fraudulent procurement of the…
1Opinion of the CourtJ. F. Daly, J.
The power of the court to amend the case after argument and decision at general term undoubtedly exists, and should be exercised in a proper case.
In Fish v. Wood (2 Abb. Pr. 419, Genl. T. Com. Pleas, 1856), this court refused to grant an order sending the case back to the referee for resettlement, so as to state the facts found by him on the evidence, and for a finding upon a particular issue, the court saying that after argument and decision of an appeal, the party should not be allowed to have the whole proceedings set aside, in order to enable him to make anew case; that there might be…
2Cases cited6 opinions
- Witbeck v. WaineNew York Supreme Court · 1853
- Beach v. RaymondNew York Court of Common Pleas · 1856
- Catlin v. ColeNew York Supreme Court · 1860
- Fish v. WoodNew York Court of Common Pleas · 1856
- Fitch v. Livingston & FlanaganNew York Court of Appeals · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Schmitt v. MacdonaldSupreme Court of Minnesota · 1882