Carpenter v. Pirner
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, First District. Action by Achilles Carpenter against Frank W. Pirner. From a judgment for plaintiff, defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtGildersleeve, P. J.
This is an appeal by the defendant from a judgment rendered in favor of the plaintiff, and one of the points raised by the defendant is that the, court below lost jurisdiction of the case by failure to render judgment within the statutory time. Section 230, Municipal Court Act (Laws 1902, p. 1557, c. 580). It is-undisputed that the case was tried on May 10, 1907, and judgment was not rendered until July 19, 1907. In the absence of any valid consent of the parties extending the time of the court in which to render judgment, such a delay would render the judgment void. Lamura v. Haggerty, 30…
Also in this document: Concurrence.
2Cases cited8 opinions
- Staples v. ParkerNew York Supreme Court · 1864
- People ex rel. v. FitzpatrickNew York Supreme Court · 1901
- Lamura v. HaggertyAppellate Terms of the Supreme Court of New York · 1900
- Tannenbaum v. NatchtigallAppellate Terms of the Supreme Court of New York · 1899
- Van Valis v. CharconaAppellate Terms of the Supreme Court of New York · 1903
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3Cited by3 opinions
- Patrzykowski v. MurstenAppellate Division of the Supreme Court of the State of New York · 1937
- A. E. Klotz Fireproofing Co. v. Kenn-Well Contracting Co.Appellate Terms of the Supreme Court of New York · 1911
- Guaranteed Investment Co. v. Van MetreWisconsin Supreme Court · 1914