Grant v. National Bank
District Court, N.D. New York
At Law. Action by J. Lewis Grant, as trustee in bankruptcy of the Cayuga Construction Company, against the National Bank of Auburn. On motion by defendant to vacate a judgme'nt for plaintiff.
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At Law. Action by J. Lewis Grant, as trustee in bankruptcy of the Cayuga Construction Company, against the National Bank of Auburn. On motion by defendant to vacate a judgme'nt for plaintiff. This is a motion by the defendant to open, vacate, and set aside the judgment entered herein in favor of the plaintiff and against the defendant on the report and findings of a referee, without application to the court, pursuant to the stipulation of the parties that the cause be referred to the referee named to hear, try, and determine, and that judgment be .entered on such report pursuant thereto. This…
1Opinion of the Court
RAY, District Judge.
As the judgment in favor of the plaintiff and against the defendant was entered pursuant to the terms of the stipulation and order by which it was referred to a referee to hear and determine, and further provided that “upon filing his report judgment may be entered by the clerk in conformity therewith without further notice,” I seriously doubt the right or power of this court to open or vacate or set aside the judgment in this case. On filing the referee’s report and decision, judgment was entered by the clerk without application to the court and at the request of…
2Cases cited9 opinions
- Bond v. DustinSupreme Court of the United States · 1884
- David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
- Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
- Shipman v. Straitsville Central Mining Co.Supreme Court of the United States · 1895
- Roberts v. BenjaminSupreme Court of the United States · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Irving Trust Co. v. Compania Mexicana De Petroleo, La Libertad, S. A.Court of Appeals for the Second Circuit · 1933