Boyd v. Campbell
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Robert Boyd against Malcolm Campbell and others. From an order amending the decision and judgment theretofore rendered by the judge, defendants appeal.
1Opinion of the CourtMcADAM, J.
After the trial of the action the trial judge signed 72 findings of fact, on which he based the conclusion that the complaint of the plaintiff should be dismissed on the merits, with costs. Thereafter the plaintiff moved before the trial judge to strike out the fourteenth and seventeenth findings of fact, on the ground that the same were immaterial to the judgment, and were being used to the prejudice of the plaintiff in another litigation. The motion was granted, and the appeal is from the order making said direction. The rule undoubtedly is that after the term has expired, and the time to…
2Cases cited2 opinions
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Heath v. New York Building Loan Banking Co.New York Supreme Court · 1895
3Cited by2 opinions
- Bernheim v. BlochAppellate Terms of the Supreme Court of New York · 1904
- Naddeo v. NaddeoNew York Supreme Court · 1959