Patten v. . Stitt
New York Court of Appeals
These were motions to dismiss appeals. The first appeal was from an order of General Term, affirming order of Special Term, denying defendant’s motion to correct judgment by striking out costs. The second appeal was from judgment of General Term, affirming judgment in favor of plaintiff, entered upon a remittitur from this court. The action was an equitable one to obtain an injunction. It was decided below in favor of defendant.
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These were motions to dismiss appeals. The first appeal was from an order of General Term, affirming order of Special Term, denying defendant’s motion to correct judgment by striking out costs. The second appeal was from judgment of General Term, affirming judgment in favor of plaintiff, entered upon a remittitur from this court. The action was an equitable one to obtain an injunction. It was decided below in favor of defendant. Upon appeal the General Term reversed the judgment and granted a new trial. Upon appeal to this court the order was affirmed and' judgment absolute ordered against…
1Opinion of the CourtRapallo, J.
The decision of the court was very plain that the absolute and final judgment, ordered in pursuance of the stipulation on the appeal, should be without costs. The remittitur conformed to the decision in that respect. All costs which previously were dependent upon the event of the action were disposed of by this final result. The plaintiff was irregular, therefore, in inserting costs of the action in the judgment entered upon the remittitur, and the motion to correct the judgment should have been granted. The motion to dismiss the appeal from the order is therefore denied, with ten dollars…
2Cited by7 opinions
- Brown v. Farmers' Loan & Trust Co.New York Supreme Court · 1890
- Callanan v. GilmanThe Superior Court of the City of New York and Buffalo · 1888
- Carlson v. WintersonNew York Court of Common Pleas · 1895
- Sweeney v. MurphyNew York Supreme Court · 1973
- Callanan v. GilmanThe Superior Court of New York City · 1888
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