Mehl v. . Vonderwulbeke
New York Court of Appeals
Appeal from an order of the General Term of the second judicial district, reversing a judgment entered upon the decision of the court at Special Term in favor of plaintiff. The action was brought to enforce the specific performance of a contract to convey lands. It was tried at Special Term, and judgment rendered in favor of plaintiff. Upon appeal, this judgment was reversed and the complaint dismissed without costs. Eo judgment was entered upon the order of reversal.
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Appeal from an order of the General Term of the second judicial district, reversing a judgment entered upon the decision of the court at Special Term in favor of plaintiff. The action was brought to enforce the specific performance of a contract to convey lands. It was tried at Special Term, and judgment rendered in favor of plaintiff. Upon appeal, this judgment was reversed and the complaint dismissed without costs. Eo judgment was entered upon the order of reversal. The appeal is from a judgment, none has been entered, as an order, it should have directed a new trial. (Astor v. L'Amoreaux,…
1Opinion of the CourtBapallo, J.
The order made at General Term reversed the judgment at Special Term absolutely, granting no new trial. It could not, therefore, regularly be appealed from as an order. The proper mode of reviewing it was to cause judgment of reversal to be perfected, and to appeal from that judgment. The order alone. is not a complete judgment. Judgment in pursuance of the order should have been perfected by being entered by the clerk in the judgment book. The order would then form part of the judgment roll. (Code, sections 279, 280, 281.)
Eo such judgment having been perfected, the objection taken by the…
2Cited by2 opinions
- Whitfield v. Broadway & Seventh Avenue RailroadNew York Court of Common Pleas · 1890
- Fuller v. TuskaNew York Court of Common Pleas · 1892