Eno v. Crooke
New York Supreme Court
Motion to set aside judgment for irregularity. On the 28th June 1851, judgment was entered for the plaintiff on the direction of a single judge, for $2324*20. The .defendant appealed to the general term, but without obtaining a stay of proceedings.
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Motion to set aside judgment for irregularity. On the 28th June 1851, judgment was entered for the plaintiff on the direction of a single judge, for $2324*20. The .defendant appealed to the general term, but without obtaining a stay of proceedings. The judgment was affirmed at the general term in January 1852. The plaintiff thereupon entered up judgment for $2469*95, being the amount of the original judgment and of the costs of the appeal, including $94*90 interest on the original judgment, allowed as part of the costs. The defendant now moves to set aside or reduce the amount of the last…
1Opinion of the Court
Barculo, Justice.
Under the old system when a judgment brought into this court from an inferior court, by writ of error, was affirmed, a new judgment was entered in this court embracing the former as well as the costs and damages awarded on the writ of error. But that practice was founded upon the theory that the cause was taken from the court below, and remained thereafter in the Supreme Court. Hence execution was issued from the latter court, and other proceedings supplementary, were based upon the last judgment. That practice is perhaps still applicable to appeals from inferior courts to…
2Cited by5 opinions
- Beers v. . HendricksonNew York Court of Appeals · 1871
- Halsey v. FlintNew York Supreme Court · 1860
- Beardsley Scythe Co. v. . FosterNew York Court of Appeals · 1867
- Eno v. CrookeNew York Court of Appeals · 1854
- State ex rel. Turner v. Circuit Court for Ozaukee CountyWisconsin Supreme Court · 1888