Hodecker v. Hodecker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna Hodecker, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 2d day of July, 1898, upon the decision of the court, rendered after a trial at the Monroe Special Term, dismissing the plaintiff’s complaint upon the merits; also from an order made at the Monroe Special Term and entered in said clerlc’s office on the 3d day of June, 1898, directing that the plaintiff’s…
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Appeal by the plaintiff, Anna Hodecker, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 2d day of July, 1898, upon the decision of the court, rendered after a trial at the Monroe Special Term, dismissing the plaintiff’s complaint upon the merits; also from an order made at the Monroe Special Term and entered in said clerlc’s office on the 3d day of June, 1898, directing that the plaintiff’s motion for a new trial, made upon the ground that the decision therein had not been filed within twenty days after the…
1Opinion of the Court
McLennan, J.:
The plaintiff’s motion for a new trial was made more than twenty days after the final adjournment of the court at which the action was tried, and more than twenty days after the justice, before whom the action was tried, assumed, by his order of April 16, 1898, to set aside and annul his decision of said case. Assuming that the order of April 16, 1898, was properly made, and, apparently, neither party objected to it, and its validity is not questioned by this appeal, no decision of the case had been made. Certainly, from the date of said order, the parties were in precisely the…
2Cases cited3 opinions
- Stewart v. SlaterThe Superior Court of New York City · 1856
- Brinkley v. . BrinkleyNew York Court of Appeals · 1874
- Lewis v. JonesThe Superior Court of New York City · 1862
3Cited by5 opinions
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- Kessler v. HunterNew York Supreme Court · 1967
- Sobel v. CounesNew York Supreme Court · 1910
- Laverne, Inc. v. LittellAppellate Division of the Supreme Court of the State of New York · 1961