Patten v. Stitt
The Superior Court of New York City
The history of this case is as follows : The action was brought to restrain the defendants from using the rear wall of the plaintiff’s building, by placing beams or timbers therein, and from building upon or occupying a certain piece of land in the rear of such wall. Upon the report of a referee, judgment was entered dismissing the complaint.
Read the full summary
The history of this case is as follows : The action was brought to restrain the defendants from using the rear wall of the plaintiff’s building, by placing beams or timbers therein, and from building upon or occupying a certain piece of land in the rear of such wall. Upon the report of a referee, judgment was entered dismissing the complaint. On appeal to the general term, the court determined that the judgment should be reversed, and a new trial had, with costs to abide the event. The record of this determination was in form as follows : “It is Ordered, that the said judgment so appealed…
1Opinion of the Court
By the Court.—Freedman, J.
I concur with the learned chief justice that this court is not absolutely bound, upon the filing of a remittitur, to render judgment by simply adopting the judgment of the court of appeals as its own, but that the record and proceedings in the appellate tribunal are remitted to be proceeded upon in this court according to law. But I do not think that the court of appeals has, by its judg*356ment, disposed of the entire action and all the questions involved therein, and absolutely determined that neither of the parties is entitled to any costs as against the other. The…
2Cases cited1 opinion
- Ellsworth v. GoodingNew York Supreme Court · 1852