Pomeroy v. Hocking Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Daniel E. Pomeroy and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of December, 1918, denying their motion to resettle an order entered in said clerk’s office on the 28th day of October, 1918, which said order was made on the defendant’s application to limit the security which it would be required to give to stay execution on its appeal…
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Appeal by the plaintiffs, Daniel E. Pomeroy and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of December, 1918, denying their motion to resettle an order entered in said clerk’s office on the 28th day of October, 1918, which said order was made on the defendant’s application to limit the security which it would be required to give to stay execution on its appeal from the judgment herein.
1Opinion of the Court
Laughlin, J.:
At the same time the defendant’s notice of motion to vacate the judgment and for leave to file a third supplementary answer and for other relief (See 187 App. Div. 158) was returnable it brought on a motion, on an order to show cause, for an order limiting the security which it would be required to give to stay execution on the judgment heretofore entered herein pending its appeal therefrom. The court having determined, in effect, to vacate the judgment in so far as the issues in the action were adjudicated thereby, and to refer all the issues, but to permit the judgment to stand…
2Cases cited5 opinions
- Mott v. . Union Bank of City of New YorkNew York Court of Appeals · 1867
- Waltham Manufacturing Co. v. BradyAppellate Division of the Supreme Court of the State of New York · 1901
- MacDougall v. HoesNew York Supreme Court · 1899
- Ford v. WhitridgeNew York Court of Common Pleas · 1859
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919