Biel v. Randell
Appellate Terms of the Supreme Court of New York
Motion by appellant for restitution of .$240, received by respondent upon a judgment in this action rendered by the justice of the Fourth District Court on September 24, 1894, in favor of the respondent against the appellant, who was interpleaded in the said court in place of the United States Grand Lodge of the Independent Order of the Sons of Benjamin.
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Motion by appellant for restitution of .$240, received by respondent upon a judgment in this action rendered by the justice of the Fourth District Court on September 24, 1894, in favor of the respondent against the appellant, who was interpleaded in the said court in place of the United States Grand Lodge of the Independent Order of the Sons of Benjamin. Upon the inter-pleader being allowed, the Grand Lodge paid into the. court $240, being the fund in dispute less $10 costs of interpleader. Upon recovering judgment the plaintifi applied for and received from, the clerk of the court the said…
1Opinion of the CourtDaly, P. J.
The question to be determined on this motion is whether the Appellate Term of the Supreme Court can order restitution of moneys collected upon' a District Court, judgment which was reversed by the late Court of Common Pleas. “ When a final judgment or order is reversed or modified, upon appeal, the appellate court, or the General Term of the same court, as the case may be, may make or compel restitution of property, or of a right, lost by means óf the erroneous judgment or order.” Code, § 1323,
The motion for restitution “ may be made in the court that reverses the judgment, or it may be made…
2Cases cited2 opinions
- Carlson v. . WintersonNew York Court of Appeals · 1895
- Cushing v. VanderbiltNew York Court of Common Pleas · 1878
3Cited by1 opinion
- Garsia v. BurchAppellate Terms of the Supreme Court of New York · 1898