Hoyt v. Carter
New York Supreme Court
Motion to vacate order. The action was commenced in December 1849. The object of the suit was to restrain the defendant from diverting a water course. Upon the commencement of the suit, a temporary injunction was granted according to the prayer of the complaint.
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Motion to vacate order. The action was commenced in December 1849. The object of the suit was to restrain the defendant from diverting a water course. Upon the commencement of the suit, a temporary injunction was granted according to the prayer of the complaint. The cause was tried at the January circuit in Rensselaer, before Mr. Justice Harris, whose decision was filed on the 2d of August 1851. By this decision, it was determined that the plaintiff had not sustained his action, and that the complaint should be dismissed with costs. Judgment was entered upon the decision on the 4th day of…
1Opinion of the Court
Harris, Justice.
This motion must be granted. The order was improperly made. The judge who tried the cause having made his decision, and the same having been filed, it could not be altered by him. It was like a verdict of a jury. If erroneous or defective it could only be corrected or amended upon application to the court. It had passed beyond the control of the judge. Judgment having been perfected upon the decision, the suit was thereby terminated, subject only to be reinstated by an appellate court. The complaint being dismissed, the injunction, ipso facto, fell with it (1 Barb. Ch. Pr.…
2Cases cited1 opinion
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
3Cited by2 opinions
- Ocorr v. LynnNew York Supreme Court · 1918
- Fellows v. HeermansNew York Court of Appeals · 1870