Beitz v. Fuller
New York Supreme Court
Appeal from special term, Erie county. Action by Fredericka Beitz against Adaline H. Fuller and another to rescind a contract. From an order amending a decision of the trial court and the judgment entered thereon, plaintiff appeals. This action was brought to rescind a contract for the sale of land upon the ground of fraud.
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Appeal from special term, Erie county. Action by Fredericka Beitz against Adaline H. Fuller and another to rescind a contract. From an order amending a decision of the trial court and the judgment entered thereon, plaintiff appeals. This action was brought to rescind a contract for the sale of land upon the ground of fraud. The defendant Fuller, in her answer to the amended complaint, set forth certain facts constituting her defense, and demanded a specific performance of the contract. Afterwards, and by leave of the court, she served an amended answer, which, instead of praying for specific…
1Opinion of the CourtAdams, J.
It is a well-settled rule of practice that courts have sufficient control over their own judgments to amend them at any stage of an action in order to correct a mistake or conform them to the decisions actually made. Code Civ. Proc. § 723; Bank v. Morton, 67 N. Y. 199; National City Bank v. New York Gold Exch. Bank, 97 N. Y. 645. But such power is limited to corrections which do not involve matters of substance, and its exercise is not permitted to meet some legal, or even equitable, exigency to which the court’s attention may be called at a subsequent stage of the action, nor where it will…
2Cases cited2 opinions
- Stannard v. . HubbellNew York Court of Appeals · 1890
- Produce Bank v. . MortonNew York Court of Appeals · 1876
3Cited by4 opinions
- Starbuck v. StarbuckAppellate Division of the Supreme Court of the State of New York · 1901
- In re the City of New YorkNew York Supreme Court · 1949
- Kling v. WalshAppellate Division of the Supreme Court of the State of New York · 1901
- Kling v. WalshAppellate Division of the Supreme Court of the State of New York · 1901