Corn Exchange Bank of Chicago v. Blye
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made Movember Y, 1889, which reversed an order of Special Term denying a motion to correct a judgment. The nature of the action and the material facts are stated in the opinion. The order of the General Term reviews and in part reverses the judgment of the Court of Appeals upon the record, which was presented to this court upon defendant’s appeal from the judgment.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made Movember Y, 1889, which reversed an order of Special Term denying a motion to correct a judgment. The nature of the action and the material facts are stated in the opinion. The order of the General Term reviews and in part reverses the judgment of the Court of Appeals upon the record, which was presented to this court upon defendant’s appeal from the judgment. This oversteps the jurisdiction of the General Term, and is in excess of its lawful authority. (Hone v. DePeyster, 106 N. Y. 648; Brigg v.…
1Opinion of the Court
Huger, Ch. J.
This appeal presents the question whether the court have authority to vacate and annul so much of a judgment in replevin, as provided for the payment of dam ages for the detention of the property, in addition to its return, after four years from the entry of the judgment, and the same had been affirmed in the court of last resort. The ground upon which the application was made, was that the verdict of the jury did not state the specific sum awarded for damages from detention, and that such damages were, therefore, incorporated in the judgment without authority. Upon the hearing…
2Cases cited5 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Sheridan v. . AndrewsNew York Court of Appeals · 1880
- Judd Linseed and Sperm Oil Co. v. . HubbellNew York Court of Appeals · 1879
- Mayor of New York v. LyonsNew York Court of Common Pleas · 1863
3Cited by21 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Hanlon v. ThonsenAppellate Division of the Supreme Court of the State of New York · 1989
- Bouker Contracting Co. v. NealeAppellate Division of the Supreme Court of the State of New York · 1914
- Dowling v. StephanNew York Supreme Court · 1954
- Nicholas v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1984
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