Wilkins v. . Earle
New York Court of Appeals
Motion to dismiss appeal, upon the ground that the judgment appealed from was not an actual determination of a General Term. (Papers and points not furnished reporter.)
1Opinion of the CourtSapallo, J.
By section eleven of the Code, which defines the cases in which appeals will lie to this court, they are confined to actual'determinations of the various courts named, made at General Terms thereof. (See also § 333, Lake v. Gibson, 2 Com., 188.)
The judgment appealed from in this case, was entered upon a remittitur from this court. No question is made, but that the judgment conforms to the remittitur. That remittitur controlled the court below, and a judgment in pursuance of it cannot be said tobe an actual determination. The court below could not direct any different judgment. Its duty and…
2Cited by10 opinions
- Delaney v. . BrettNew York Court of Appeals · 1872
- Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1903
- Willis v. FeltonSupreme Court of Georgia · 1904
- Hackett v. . BeldenNew York Court of Appeals · 1872
- Richardson v. KropfNew York Court of Common Pleas · 1874
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