Carlson v. Winterson

On the first argument of this appeal we reversed the order of the city court directing restitution, on grounds (1) that the general term of the city court, not being the reversing court, had no jurisdiction to grant the motion; and (2) that the exercise of the power was discretionary, and not compulsory, and, a second judgment having been obtained in the interim, the defendant was in no position to appeal to the equitable discretion of the court. 27 N. Y. Supp. 368. A reargument was ordered, apparently on the authority of Hays v. Nourse and a note to Brown v. Trust Co., no other reason being…