In Matter of Petition of Jetter
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, modifying an order of Special Term denying a motion on behalf of the corporation, of the city of New York, to vacate judgment for costs. (Reported below, 14 Hun, 93.) The petitioner applied at Special Term under the act chapter 338, Laws of 1858, to vacate an assessment for paving Spring street, in the city of New York.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, modifying an order of Special Term denying a motion on behalf of the corporation, of the city of New York, to vacate judgment for costs. (Reported below, 14 Hun, 93.) The petitioner applied at Special Term under the act chapter 338, Laws of 1858, to vacate an assessment for paving Spring street, in the city of New York. A reference was ordered to take proof of the facts, and on the coming in of the referee’s report an order was granted vacating the assessment mentioned, with costs and disbursements.…
1Opinion of the Court
Church, Ch. J.
We should be inclined to affirm this order, if we could do so without unsettling established rules of practice, or principles of law; if for no other reason, because the learned judge in delivering the opinion at General Term among other things stated, that in the order vacating the assessment, with costs, which he made while holding the Special Term, it was not intended to give costs as in an action.
We have lately held that we would not interfere with the construction Avhich the General Term put upon its oavu order in matters of practice, but the difficulty here is that if the…
2Cases cited3 opinions
- Rensselaer Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1873
- People ex rel. Clute v. BoardmanNew York Court of Appeals · 1868
- Matter of DoddNew York Court of Appeals · 1863
3Cited by13 opinions
- Polizotti v. PolizottiNew York Court of Appeals · 1953
- In Matter of Petition of Prot. E. Pub. SchoolNew York Court of Appeals · 1881
- Wheeler v. TarulloMassachusetts Supreme Judicial Court · 1921
- Henry v. HenryWest Virginia Supreme Court · 1914
- In the Matter of Manhattan Savings Inst'n.New York Court of Appeals · 1880
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