Lynde v. Cowenhoven
New York Supreme Court
Mr. Lott appeals from an order of Justice Edwards, setting aside plaintiff’s judgment for irregularity, on the ground that the judgment was en- tered up and roll filed within ten days after .the decision of the justice to whom the question of fact was submitted for trial.
1Opinion of the Court
By the Court, Barculo, Justice.
We think the decision below is erroneous. We are unable to discover any irregularity in doing what is expressly authorized by the code. By section 267, the justice must file his decision with the clerk, and judgment upon the decision shall be entered accordingly. This clearly contemplates an immediate entry of judgment. The next section allows either party to make a case “ within ten days after notice of the judgment.” Judgment may, therefore, be entered before a case is made.
But it is said that the roll cannot be filed until after the time for making a case has…
2Cited by1 opinion
- Anderson v. DickieThe Superior Court of New York City · 1863