Jellinghaus v. New York Insurance
The Superior Court of New York City
This action was tried on the 28th of January, 1859. A-case containing exceptions taken at the trial was served on the 10th of February, and amendments thereto on the 8th of March, and soon thereafter the exceptions and amendments were left with the Judge to be settled, and were settled in July, 1859. ■ In the meantime, and on the 19th of May, judgment was perfected and notice thereof was served on the defendants’ attorney, but no appeal was taken from the judgment.
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This action was tried on the 28th of January, 1859. A-case containing exceptions taken at the trial was served on the 10th of February, and amendments thereto on the 8th of March, and soon thereafter the exceptions and amendments were left with the Judge to be settled, and were settled in July, 1859. ■ In the meantime, and on the 19th of May, judgment was perfected and notice thereof was served on the defendants’ attorney, but no appeal was taken from the judgment. After the case was settled and had been engrossed, and in September, 1859, the attorneys met together and examined it with a view…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
Section 174 [149] of the Code allows the Court “in its discretion, and upon such, terms as may be just, at any time within one year after notice thereof, to relieve a party from a judgment * * taken against him through his mistake, inadvertence, surprise, or excusable neglect.”
Before the Code, and prior to the passage of the act of the 13th of April, 1832, (chap. 128,) it was well settled that the service of a bill of exceptions, of amendments thereto, and a sub*680mission of them for settlement before judgment had been entered, operated per se as a stay of…
2Cases cited3 opinions
- Roosevelt v. Heirs of FultonNew York Supreme Court · 1827
- Hawkins v. Dutchess & Orange Steamboat Co.New York Supreme Court · 1827
- Savage v. HicksNew York Supreme Court · 1829
3Cited by5 opinions
- Bouton v. BoutonNew York Supreme Court · 1871
- In re the Arbitration between Nationwide Mutual Insurance & HolbertNew York Supreme Court · 1963
- In re Troy Woolen Co.District Court, N.D. New York · 1871
- Stilwell v. StaplesThe Superior Court of New York City · 1866
- Tracy v. New York & Harlem RailroadThe Superior Court of New York City · 1863