Hebblethwaite v. Flint
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank H. Hebblethwaite, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day- of April, 1903, as denies the plaintiffs motion for a resettlement of the decision and an interlocutory judgment entered herein, .to the extent set forth in his notice of motion.
1Opinion of the Court
Jenks, J.:
We think that the plaintiff can safely proceed under the interlocutory judgment as it now stands. We do not understand that the court in directing the final judgment is confined to the interlocutory decree or is foreclosed by it. Section 1231 of the Code of Civil Procedure provides: “ In an action triable by the court, an interlocutory judgment, rendered upon a default in appearing or pleading, or pursuant to the direction contained in a decision or report, may state the substance of the final judgment, to which the party will be entitled.” We know of no provision that it must state…
2Cited by3 opinions
- Billy v. Le Flore County Gas & Electric Co.Supreme Court of Oklahoma · 1930
- Hebblethwaite v. FlintAppellate Division of the Supreme Court of the State of New York · 1918
- Pollak v. Dodge Manufacturing Co.City of New York Municipal Court · 1913