Card v. Meincke
New York Supreme Court
Appeal from special term, New York county. Action by Frederick A. Card against Mary M. Meincke and another. Motion by defendants to dismiss after plaintiff rested, which was granted, and judgment ordered to be entered in favor of defendants and against plaintiff, with costs. The clerk entered judgment dismissing plaintiff’s complaint “on the merits.” Motion by plaintiff to correct the- judgment denied, and plaintiff appeals.
1Opinion of the Court
FEE CURIAM.
In an action tried before the court without a jury the clerk can only enter a judgment as directed by the court in the decision filed, or upon a subsequent approval by the judge who tried the cause of the particular judgment that is proposed to be entered. In the case at bar the decision filed contained no such explicit directions, and certainly did not state that any judgment should be entered dismissing the complaint in this action on the merits, whatever might have been the intention of the learned judge who tried the cause. We think, therefore, that the motion should have been…
2Cited by14 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Hirshbach v. KetchumAppellate Division of the Supreme Court of the State of New York · 1903
- Petrie v. Trustees of Hamilton CollegeNew York Supreme Court · 1895
- Maldonado & Co. v. YglesiasAppellate Division of the Supreme Court of the State of New York · 1914
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