Schenectady & Saratoga Plank Road Co. v. Thatcher
New York Supreme Court
Motion to set aside judgment roll for irregularity. The action was tried before the circuit judge, a trial by jury having been waived. The judge having made his decision in favor of the plaintiffs, judgment was perfected thereon on the 4th of October 1851. Notice that judgment had been entered, was served on the defendant’s attorney on the 6th of October 1851, and on the next day the defendant’s attorney served the necessary papers for an appeal.
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Motion to set aside judgment roll for irregularity. The action was tried before the circuit judge, a trial by jury having been waived. The judge having made his decision in favor of the plaintiffs, judgment was perfected thereon on the 4th of October 1851. Notice that judgment had been entered, was served on the defendant’s attorney on the 6th of October 1851, and on the next day the defendant’s attorney served the necessary papers for an appeal. Exceptions had been taken upon the trial and before the judgment was entered a bill of exceptions had been signed and sealed and filed with the…
1Opinion of the Court
Harris, Justice.
It appears by the affidavit of the defendant’s attorney, that the bill of exceptions has already been attached to the judgment roll. Under the provision contained in the last clause of the 264th section of the Code, it became when attached, a part of the roll.
But the more important question involved in this motion relates to the form of entering judgment. The clerk, as appears from the affidavit read in opposition to the motion, has supposed that in a case like this, where the decision of the judge is made in writing and filed, such decision is a sufficient judgment to answer…
2Cited by3 opinions
- Ledbetter v. MandellAppellate Division of the Supreme Court of the State of New York · 1908
- Roberts v. WhiteThe Superior Court of New York City · 1875
- Sherman v. PostleyNew York Supreme Court · 1865