Thousand Island Park Ass'n v. Gridley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Helen M. Gridley, from so much of an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Jefferson on the 28th day of August, 1897, as denies- a motion made by the defendant to correct a prior order in the action except upon conditions.
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Appeal by the defendant, Helen M. Gridley, from so much of an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Jefferson on the 28th day of August, 1897, as denies- a motion made by the defendant to correct a prior order in the action except upon conditions. The following are the conditions contained in said order: “ Upon condition .'that the defendant admit due personal service upon her as of this date of a certified copy of the judgment of the Special Term, herein entered in Jefferson County Clerk’s office on July 1st,…
1Opinion of the Court
Ward, J.:
The purpose of the motion, which resulted in the order appealed from, was to correct the record upon an appeal from a former order,, so as to insert in such record an important affidavit that had been made and read upon the motion which resulted in the first .order. (Rule 3 of the General Rules of Practice requires that, when an order is entered, all the papers used or read on the motion on either *501side shall be specified in the order, and shall be filed with the clerk unless already on file or otherwise ordered by the court.)
It is not denied but that an important affidavit was made…
2Cited by3 opinions
- Muller v. City of PhiladelphiaNew York Supreme Court · 1906
- Musellam v. FlowersNew York Supreme Court · 1961
- Thousand Island Park Ass'n v. GridleyAppellate Division of the Supreme Court of the State of New York · 1898