Legal Opinion
Newman v. Schwert
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1935PublishedCited by 4 opinions
1Opinion of the Court
All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.
The following is the opinion of the court below:
Larkin, J.
While it is alleged that the clerk refused to enter and file the judgment roll tendered, and docket the judgment in accordance therewith, nowhere is it stated in the petition that any proof was offered to the clerk from which he could determine the amount for which final judgment might be entered, as required by section 487 of the Civil Practice Act. Although it is true that the clerk’s duties are ministerial, nevertheless it is equally true that mandamus…
2Cases cited4 opinions
- Leitch v. . WellsNew York Court of Appeals · 1872
- Sutherland v. St. Lawrence CountyAppellate Division of the Supreme Court of the State of New York · 1905
- Bump v. CarnavaleNew York Supreme Court · 1930
- Sutherland v. St. Lawrence CountyNew York Supreme Court · 1903
3Cited by4 opinions
- MBNA America Bank, N.A. v. StraubNew York Supreme Court · 2006
- Carr v. Cunningham, New York County Courts1949
- In re HermanAppellate Division of the Supreme Court of the State of New York · 1938
- Smith v. KaiserNew York Supreme Court · 1963