McManus v. Western Assurance Co. of Toronto
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Western Assurance Company of Toronto, Canada, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the' 17th day of October, 1898, resettling the case upon appeal, and also from judge’s orders made respectively on the 1st, 24th and 30th days of December, 1898, relating to such resettlement.
1Opinion of the Court
Willard Bartlett, J.:
This appeal brings up an acrimonious controversy concerning the settlement of a case on appeal. The action of the trial judge in the matter is expressed in four orders. One of these is a Special Term order and the others are orders of a judge out of court. The appellant presents for our consideration a number of technical questions of practice, the determination of which is not necessary for the protection of his rights, upon the appeal. In reference to these questions, it is enough to say that we think a tidal judge has authority to correct a case, even after it has been…
2Cited by6 opinions
- Heinitz v. DarmstadtAppellate Division of the Supreme Court of the State of New York · 1910
- Ditmas v. McKaneAppellate Division of the Supreme Court of the State of New York · 1903
- Dyer v. J. Y. J. Corp.Appellate Terms of the Supreme Court of New York · 1917
- Wierichs v. InnisNew York Supreme Court · 1900
- Ditmas v. McKaneAppellate Division of the Supreme Court of the State of New York · 1903
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