Deen v. Milne
New York Supreme Court
An action to establish the existence of a lost stipulation alleged to have been made in an action pending in the supreme courtwhich provided for the discontinuance of two actions in the Marine Court,of the city of New York, in one of which a judgment had been entered in favor of Anna Maria Deen as plaintiff against the said Wilson as defendant, from which an appeal had been taken, and the other of which of the same title was pending in that court undetermined.
1Opinion of the CourtAndrews, J.
Upon the first trial of this action the complaint was dismissed, on the ground that the plaintiff’s remedy, if he had any, was to move in the Marine Court for an order discontinuing the two actions, and directing the cancellation of the judgment which was entered in one of them. On appeal it was held by the general term that this decision was erroneous; that it was doubtful whether the Marine Court had power tó give such relief, upon a motion or otherwise, and that, at any rate, if it had, the remedy by an action in equity was concurrent, and a new trial was ordered.
*320Upon the second trial the…
2Cases cited1 opinion
- Loeb v. . WillisNew York Court of Appeals · 1885
3Cited by1 opinion
- Feay v. DecampSupreme Court of Pennsylvania · 1826