Lawrence v. Bank of the Republic
The Superior Court of New York City
This was a motion to set aside a judgment entered in this court, according to a remittitur from the Court of Appeals which reversed a judgment at general term, reversing a prior judgment at special term, and affirmed the latter,, judgment.
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This was a motion to set aside a judgment entered in this court, according to a remittitur from the Court of Appeals which reversed a judgment at general term, reversing a prior judgment at special term, and affirmed the latter,, judgment. On a certain day (July 12th) the plaintiffs’ attorney gave notice of an adjustment of his costs by the clerk of the court at his office, at a certain hour (10 o’clock) of the morning of the second day thereafter, (14th,) and of entering judgment upon such remittitur at half an hour afterwards, (10-|- o’clock.) Fext day (the 13th) an order was granted by one…
1Opinion of the Court
Robertson, Ch. J.
The first question on this motion, which presents itself, is whether the entry of the judgment on the remittitur, with the costs inserted as adjusted in the absence of the defendant’s attorney, was irregular. The Co'de provides (§ 311) that “the clerk shall insert in the entry of judgment, * * upon two days’ notice, the sum of the allowances for costs, as provided ” thereby, “necessary disbursements,” &c. This was properly and finally decided by this court (all the justices concurring) only to make the entry of costs in the judgment without notice of adjustment, and all…
2Cases cited4 opinions
- Chautauqua County Bank v. . WhiteNew York Court of Appeals · 1861
- Newton v. HarrisNew York Supreme Court · 1850
- Selden v. VermilyaThe Superior Court of New York City · 1850
- Bogardus v. Rosendale Manufacturing Co.The Superior Court of New York City · 1852
3Cited by1 opinion
- Trowbridge v. SicklerWisconsin Supreme Court · 1880