Hodecker v. Hodecker
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Action by Anna Hodecker against Frederick Hodecker. Plaintiff appeals from a judgment entered on the 2d day of July, 1898, dismissing the plaintiff's complaint on the merits, without costs to either party; and also from an order entered on the 3d day of June, 1898, which, among other things, directed that a motion for a new trial, made by the plaintiff on the ground that a decision had not been duly made and filed by the justice who…
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Appeal from special term, Monroe county. Action by Anna Hodecker against Frederick Hodecker. Plaintiff appeals from a judgment entered on the 2d day of July, 1898, dismissing the plaintiff's complaint on the merits, without costs to either party; and also from an order entered on the 3d day of June, 1898, which, among other things, directed that a motion for a new trial, made by the plaintiff on the ground that a decision had not been duly made and filed by the justice who tried said case within 20 days after the adjournment of the term at which such action was tried, be heard on the 11th day…
1Opinion of the CourtMcLENNAN, J.
The plaintiff’s motion for a new trial was made more than 20 days after the final adjournment of the court at which the action was tried, and more than 20 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 same position as if no…
2Cases cited4 opinions
- Stewart v. SlaterThe Superior Court of New York City · 1856
- Brinkley v. . BrinkleyNew York Court of Appeals · 1874
- Village of Palmyra v. WynkoopNew York Supreme Court · 1889
- People ex rel. Cahoon & Kelsey v. DodgeNew York Supreme Court · 1850
3Cited by3 opinions
- Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913
- State ex rel. Milwaukee Northern Railway Co. v. DelaneyWisconsin Supreme Court · 1917
- State v. PriceMissouri Court of Appeals · 1905