Legal Opinion

Ansonia Brass and Copper Co. v. . Conner

New York Court of Appeals

Decided April 14, 1885PublishedCited by 1 opinion

The nature of the appeal is set .forth in the opinion. Nothing is a judgment, in a strict technical legal sense of the term, except a formal record on the files of some court. (Knapp v. Roche, 82 N. Y. 366.) An order embodying the decision of a court is not itself a judgment, but merely a warrant and guide for the clerk of a court to enter a judgment.

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The nature of the appeal is set .forth in the opinion. Nothing is a judgment, in a strict technical legal sense of the term, except a formal record on the files of some court. (Knapp v. Roche, 82 N. Y. 366.) An order embodying the decision of a court is not itself a judgment, but merely a warrant and guide for the clerk of a court to enter a judgment. (Hollister Bank v. Vail, 15 N. Y. 593; Phipps v. Van Cott, 4 Abb. 90; Lee v. Ainslee, id. 463; Ford v. David, 3 id. 385 ; Bentley v. Jones, 4 How. 335; Ives v. Miller, 19 Barb. 196; W. R. R. v. Kortwright, 10 How. 457; Lawrence v. Farmers' L. &…

1Opinion of the CourtPapadlo, J.

Judgment was rendered in favor of the defendants by the City Court (late the Marine Court) of the city of New York, and affirmed by the General Term of the City Court. On appeal to the Court of Common Pleas, that court affirmed the judgment and granted leave to the plaintiff to appeal to this court from the judgment, to be entered on the decision of the Court of Common Pleas. An order of affirmance was entered in the Court of Common Pleas, and afterward -on the 3d of June, 1884, a judgment was entered in the City Court, reciting that a remittitur had been sent down from the Court of Common…

2Cited by1 opinion

  1. In Re the Accounting of Union Trust Co.New York Court of Appeals · 1902

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