Whitney v. . Townsend
New York Court of Appeals
. Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of-Special Term denying a motion to vacate and set aside a judgment and judgment roll, and to cancel of record any entry of such judgment. (Mem. of decision below, 7 Hun, 233.) - This action was brought to have a deed declared to be an equitable mortgage, and for an accounting, redemption, etc. Judgment was rendered and perfected in favor of defendant.
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. Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of-Special Term denying a motion to vacate and set aside a judgment and judgment roll, and to cancel of record any entry of such judgment. (Mem. of decision below, 7 Hun, 233.) - This action was brought to have a deed declared to be an equitable mortgage, and for an accounting, redemption, etc. Judgment was rendered and perfected in favor of defendant. Plaintiffs appealed to the General Term, where the judgment was affirmed December 30, 1869. On' the 9th November, 1872, a judgment…
1Opinion of the CourtAllen, J.
If the merits of the application are reviewable upon this appeal, the order should be affirmed for the reasons assigned in the Supreme Court. But in any view of the case the order is not appealable to this court. If, as is claimed in behalf of the appellants, there has been no judgment perfected by the filing of a judgment roll so as to limit the time for an appeal and all that was done in that direction was a legal nullity, the substantial rights of the plaintiffs were not impaired, but the way was open to them to proceed as if no paper purporting to he a judgment roll had been filed, or any…
2Cases cited2 opinions
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Bank of Genesee v. . SpencerNew York Court of Appeals · 1858
3Cited by12 opinions
- Bernstein v. SchoenfeldNew York Supreme Court · 1902
- Waters v. CurtisNew York Court of Common Pleas · 1885
- Weiss v. MorrellNew York Court of Common Pleas · 1894
- Henry v. HenryNew York Surrogate's Court · 1885
- Rosenthal v. GravesNew York Supreme Court · 1938
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