Ballou v. Parsons
New York Supreme Court
This case was first heard at special term, before Mr. justice Bockes, on the motion alluded to in the opinion. The following opinion was delivered at special term. On appeal to the general term, third department, the order was affirmed on the opinion at special term.
Read the full summary
This case was first heard at special term, before Mr. justice Bockes, on the motion alluded to in the opinion. The following opinion was delivered at special term. On appeal to the general term, third department, the order was affirmed on the opinion at special term. An appeal was then taken to the court of appeals, when the order appealed from was also affirmed, as reported, “ on opinion of Bockes, J., below ” (55 N. Y., 673). The following is the opinion of Mr. justice Bockes in full.
1Opinion of the CourtBockes, J.
— Two motions heard together, one ,by the plaintiffs, to compel the clerk to adjust their costs and enter judgment, the' other by the defendants, to set aside the report.
The disposition of the motion to set aside the decision of the referee will, of course, determine the other; but it may be remarked, here, that the refusal of the clerk to adjust the plaintiffs’ costs and to enter judgment according to the decision was wrong. The referee’s decision, awarding judgment, stood before the clerk as the mandate of the court. The clerk had nothing to do with the question whether it had been…
2Cases cited3 opinions
- Staples v. ParkerNew York Supreme Court · 1864
- Corning v. CooperNew York Court of Chancery · 1839
- Livingston v. GidneyNew York Supreme Court · 1863
3Cited by1 opinion
- In re Robinson's WillNew York Surrogate's Court · 1907