Osborne v. Heyward
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Josephine M. Heyward and Charles P. Heyward, from so much of a judgment of the Supreme Court in favor'of the plaintiffs, entered in the office of the clerk of the county of Queens on the 30th day of January, 1899, upon an alleged decision of the court, rendered after a trial at the Kings County Special Term, as adjudges “ that if the proceeds of such sale be insufficient to pay the amount so reported due to the plaintiffs, with interest and costs as…
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Appeal by the defendants, Josephine M. Heyward and Charles P. Heyward, from so much of a judgment of the Supreme Court in favor'of the plaintiffs, entered in the office of the clerk of the county of Queens on the 30th day of January, 1899, upon an alleged decision of the court, rendered after a trial at the Kings County Special Term, as adjudges “ that if the proceeds of such sale be insufficient to pay the amount so reported due to the plaintiffs, with interest and costs as aforesaid, the said referee specify the amount of such deficiency in his report of the sale; that the defendants…
1Opinion of the Court
Willard Bartlett, J.:
There is no decision in this case such as the Code requires upon the trial of issues of fact. The so-called decision, printed in the appeal book, is the copy of an indorsement on the cover of the summons and complaint, in these words: “ Judgment of foreclosure and sale with deficiency judgment. W. D. D., J. S. C.This is neither a decision stating concisely the grounds upon which the' issués have been decided and directing the judgment to be entered thereon as prescribed in section 1022 of the Code of Civil Procedure, nor is it a decision stating separately the facts found…
2Cases cited6 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- Remsen v. . BeekmanNew York Court of Appeals · 1862
- Spencer v. . SpencerNew York Court of Appeals · 1884
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1897
- Hunt v. . PurdyNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Adler v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1930
- Cohn v. SpitzerAppellate Division of the Supreme Court of the State of New York · 1911
- National Savings Bank of Albany v. Fermac Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- Gottschalk v. JungmannAppellate Division of the Supreme Court of the State of New York · 1903
- Kings County Trust Co. v. DerxAppellate Division of the Supreme Court of the State of New York · 1933
3 more not listed; retrieve them via the Exa API.