Platt v. Withington
New York Supreme Court
At chambers. Action by Spencer 0. Platt and Susan P. Platt, his wife, against Maria R. Withington and others, to determine the title to certain real estate under the will of George W. Platt, deceased, and for partition. The court held that decedent was intestate as to the real estate in question.
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At chambers. Action by Spencer 0. Platt and Susan P. Platt, his wife, against Maria R. Withington and others, to determine the title to certain real estate under the will of George W. Platt, deceased, and for partition. The court held that decedent was intestate as to the real estate in question. Defendant Mrs. Withington appealed to the general term, which affirmed the judgment. 47 Hun, 558. Mrs. Withington then appealed to the court of appeals, and the judgment was reversed, with costs to Mrs. Withington, (23 N. E. Rep. 1116,) and she now moves for restitution of costs, and for the…
1Opinion of the CourtBeach, J.
I have never known the power of this court questioned to award restitution summarily upon reversal of a judgment. Section 1323, Code Civil Proc., confers that power upon the appellate court, or the general term of the same court, as the case may be, but was not intended to, nor does it, negative the authority of this court. This motion was properly made at chambers, and the conclusion seems to be supported by Wright v. Nostrand, 100 N. Y. 616, 3 N. E. Rep. 78. In Wallace v. Berdell, 98 N. Y. 480, restoration to possession of land was held not to affect complete restitution, and the court…
2Cases cited15 opinions
- People Ex Rel. Reilly v. JohnsonNew York Court of Appeals · 1868
- Clark v. PinneyNew York Supreme Court · 1826
- Sturges v. Allis & LeeNew York Supreme Court · 1833
- Lott v. SwezeyNew York Supreme Court · 1859
- Marvin v. . Brewster Iron Mining CompanyNew York Court of Appeals · 1874
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3Cited by1 opinion
- Carlson v. WintersonNew York Court of Common Pleas · 1894