Legal Opinion
Easling v. Independent Brewing Co.
New York Supreme Court
Decided December 15, 1916Published
Motion to vacate and set aside judgment,
1Opinion of the CourtRodenbeck, J.
There is no question of the power of the court to correct its decision and judgment on this motion. The authority of the court is regulated by provisions of the Code of Civil Procedure, but it possesses inherent power aside from these provisions to correct matters relating to its. judgments which do not affect substantial rights and are not properly .cognizable on appeal. Heath v. New York Bldg. Loan Banking Co., 146 N. Y. 260; Chester v. Buffalo Car Mfg. Co., 183 id. 425; Corn Exchange Bank v. Blye, 119 id. 414. Both where a default has occurred and where there has .been no default this…
2Cases cited6 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- Fischer v. . BlankNew York Court of Appeals · 1893
- Weston v. Citizens' National Bank of CorryAppellate Division of the Supreme Court of the State of New York · 1903
- White v. . CoulterNew York Court of Appeals · 1874
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