Gasz v. Strick
Superior Court of Buffalo
Appeal from special term. Ejectment by Peter Gasz against Michael Strick, in which plaintiff recovered judgment. The cause was tried before the Honorable Edward W. Hatch, Judge, without a jury. His decision, after setting forth his findings of fact and law, contained the direction “ that judgment should be entered accordingly, but without costs to either party.”
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Appeal from special term. Ejectment by Peter Gasz against Michael Strick, in which plaintiff recovered judgment. The cause was tried before the Honorable Edward W. Hatch, Judge, without a jury. His decision, after setting forth his findings of fact and law, contained the direction “ that judgment should be entered accordingly, but without costs to either party.” Judgment thereupon, without costs, was entered September 20, 1888. The decision omitted to state, as required by section 1519 of the Code, “the estate of the plaintiff in the property recovered.” Pursuant to section 1525 of the Code,…
1Opinion of the CourtBeckwith, C. J.
I think the order correcting the decision and judgment was properly granted. Opinion of Hatch, J., 3 N. Y. Supp. 830. The ■orders were not objectionable on the ground that they overruled the decision of another judge at a special term. The defendant applied at special term, under section 1525 of the Code, for an order setting aside the judgment and granting a new trial. In ejectment, there is no power or discretion vested in the judge or court as to granting a new trial. In ejectment actions, the right to such order, and to a second trial, is vested in the defeated party to the action by…
2Cases cited11 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Clark v. HallNew York Court of Chancery · 1839
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
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