Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by Frederick Beltz, as substituted trustee under the last will and testament of Sarah FT. Eagleton, deceased, 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 19th day of December, 1898, denying his motion to/amend the final judgment entered in the action by inserting a provision directing the referee to pay to him a certain sum alleged to be due him under a decree of the…
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Appeal by Frederick Beltz, as substituted trustee under the last will and testament of Sarah FT. Eagleton, deceased, 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 19th day of December, 1898, denying his motion to/amend the final judgment entered in the action by inserting a provision directing the referee to pay to him a certain sum alleged to be due him under a decree of the Surrogate’s Court.
1Opinion of the Court
Woodward, J.:
This is an action in partition, resulting in a final judgment, by which provision was made for the distribution of the avails of certain real estate situate in the city of Brooklyn. The appellant is the substituted trustee under the last will and testament of Sarah FT. Eagleton, and he seeks by a motion made at Special Term to have the judgment amended by the insertion of certain clauses of the decree of the Surrogate’s Court of Flew York county. There is no *252doubt of the power of the court,, under the provisions of section 124 of. the Code of Civil Procedure, to amend a judgment…
2Cases cited3 opinions
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- Oakley v. CokaleteAppellate Division of the Supreme Court of the State of New York · 1896
- Fannon v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898