Poole v. . Belcha
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 8, 1891, which struck from the calendar an appeal and affirmed a judgment. The material facts are stated in the opinion. The parties to an action have always had the right to settle their matters in litigation before or after judgment and satisfy and discharge judgments, independent of their attorneys.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 8, 1891, which struck from the calendar an appeal and affirmed a judgment. The material facts are stated in the opinion. The parties to an action have always had the right to settle their matters in litigation before or after judgment and satisfy and discharge judgments, independent of their attorneys. (Lee v. V. O. Co., 126 N. Y. 579 ; Walsh v. F. N. S. & C. R. R. Co., 11 Hun, 190; Roberts v. Doty, 31 id. 128; Wright v. Wright, 70 N. Y. 98 ; Quinlan, v. Birge, 43 Hun, 484; Murray v.…
1Opinion of the CourtO’Brien, J.
This is an appeal from an order of the General Term striking an appeal to that court from the calender and affirming, with costs, a judgment for the defendant entered upon a verdict. The action was brought to- recover certain specific personal property which was delivered to the plaintiff at the commencement of the action. On the trial the plaintiff failed and a verdict was rendered for the defendant. A motion was made by the plaintiff for a new trial on the minutes, which was denied- June 24, 1887. The plaintiff appealed to the General Term from this order July 23,1887. Judgment was entered…
2Cases cited2 opinions
- Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
- Wehle v. . ConnerNew York Court of Appeals · 1880
3Cited by30 opinions
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Woodbury v. Andrew Jergens Co.Court of Appeals for the Second Circuit · 1934
- In re Baxter & Co.Court of Appeals for the Second Circuit · 1907
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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