Hosack v. Rogers
New York Court of Chancery
This was an application to vacate an order entered in the office of the assistant register, upon remittiturs from the court for the correction of errors, and to take such remittiturs off the files of this court.
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This was an application to vacate an order entered in the office of the assistant register, upon remittiturs from the court for the correction of errors, and to take such remittiturs off the files of this court. The cause had been heard in the court for the correction of errors upon cross appeals from an interlocutory order of the chancellor, made upon an appeal by the defendant N. Rogers from a decision of the vice chancellor of the first circuit; upon which hearing the appellate court modified the order of the chancellor, and directed their decree to be remitted to the court of chancery.…
1Opinion of the Court
The Chancellor.
The court for the correction of errors having in fact modified or altered then’ decree, while the remititurs were in transitu and before they had been actually received and acted upon by this court, the appellate court had not lost its jurisdiction of the cause. And although no blame rests upon the solicitor of Rogers for filing such remittiturs before he had notice of the subsequent act of the appellate court, the modification of the decree by that court must be considered as a recall of the remititturs as made out by the clerk. They must therefore be taken off the files of…
2Cited by7 opinions
- Lovett v. StateSupreme Court of Florida · 1892
- King v. RuckmanSupreme Court of New Jersey · 1871
- Jackson v. BarrettIdaho Supreme Court · 1906
- Young v. BrushNew York Court of Appeals · 1864
- Robinson v. . PlimptonNew York Court of Appeals · 1862
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