Judd Linseed and Sperm Oil Co. v. . Hubbell
New York Court of Appeals
The nature of the appeals, of the action, and the facts appear sufficiently in the opinion. The motion to set aside the judgments was not made in time, and the court below had no power to grant it. (2 Stat. at Large [Edm.’s ed.], 371, § 2; Sherwood v Pratt, 11 Abb. Pr. [N. S.], 115; Laws 1817, p. 178; 1 Burrill’s Prac., 474; 2 Arch. Prac., 225; Arch. N. Prac., 414, 415; 10 John.
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The nature of the appeals, of the action, and the facts appear sufficiently in the opinion. The motion to set aside the judgments was not made in time, and the court below had no power to grant it. (2 Stat. at Large [Edm.’s ed.], 371, § 2; Sherwood v Pratt, 11 Abb. Pr. [N. S.], 115; Laws 1817, p. 178; 1 Burrill’s Prac., 474; 2 Arch. Prac., 225; Arch. N. Prac., 414, 415; 10 John. R., 486; 10 Wend., 560; 1 How., 142; 3 Caines, 107; 6 Hill, 17; 4 Cow., 91; 5 id., 446; 1 Tidd’s Prac., 562 [513]; 2 Dowl. P. C., 47; 2 B. & P., 110; 3 T. R., 7, 10; 2 Taunt., 243; 5 T. R., 464; 5 Taunt., 330; 2 B. &…
1Opinion of the CourtDanforth, J.
There are appeals in this case from two orders of the General Term of the Court of Common Pleas, in the city of Hew York ; one (of Januaiy sixth) reversing an order of the Special Term of that court and directing an amendment of the judgment in this action ; and the other (of February third) denying a motion made by the plaintiff to amend and resettle the first order. If the court had power to make the order of January, they could amend or refuse to amend it, and their determination is final; and although many questions have been argued by counsel concerning this matter, one only is properly…
2Cases cited1 opinion
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
3Cited by9 opinions
- Patrikes v. J. C. H. Service Stations, Inc.City of New York Municipal Court · 1943
- Corn Exchange Bank of Chicago v. BlyeNew York Court of Appeals · 1890
- In re MaryanovDistrict Court, E.D. New York · 1927
- Amsterdam Electric Light, Heat & Power Co. v. RayherAppellate Division of the Supreme Court of the State of New York · 1899
- Greidinger v. HoffbergAppellate Division of the Supreme Court of the State of New York · 1975
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