Bradley-Currier Co. v. Lally

The remittitur has been filed in the court below, the judgment of this court has been made the judgment of that, and the appellant has acquiesced in the decision of the appeal by payment of the judgment. It is therefore an insuperable obstacle to the motion that we no longer have jurisdiction of the cause. Jones v. Anderson, 71 N. Y. 599; People v. Village of Nelliston, 79 N. Y. 638. The reason urged for the motion, namely, that since our decision the court of appeals has enunciated the principle for which the plaintiff contends, if accepted as ground for a reargument, would be equally *121valid…