Rector of St. Stephen's Protestant Episcopal Church v. Rector of the Church of the Transfiguration
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Bector, Churchwardens and Vestrymen of St. Stephen’s Protestant Episcopal Church of the City of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of June, 1909, as resettled by an order entered on the 28th day of June, 1909.
1Per curiam
The plaintiff appeals from an order denying its motion to resettle the judgment herein by striking out the recital that it was entered “ on motion ” of plaintiff’s attorney. While a party may always appeal from a judgment in his favor if it be less favorable than he deems himself entitled to, he may not appeal from a judgment to which he has assented. Whether or not he has assented to the judgment as entered is to be determined from the record, and there are recent decisions under which the present plaintiff apprehends that the recital in the judgment that it was entered “ on motion” of its…
2Cited by2 opinions
- Van Gorden v. SchullerSupreme Court of Iowa · 1921
- Rector v. RectorAppellate Division of the Supreme Court of the State of New York · 1910