Dean v. Marshall
New York Supreme Court
Appeal from circuit court. Action by Robert J. Dean and others against August Marshall and others. From a judgment, after trial without a jury, for plaintiffs, defendants appeal. Reversed.
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Appeal from circuit court. Action by Robert J. Dean and others against August Marshall and others. From a judgment, after trial without a jury, for plaintiffs, defendants appeal. Reversed. The plaintiffs and defendants, both being interested in certain casks of brandy stored in bonded warehouse, and the brandy being also claimed by the First National Bank of Chicago, which had begun a suit for the value thereof in the superior court, the following stipulation was entered into: “New York Supreme Court. “First National Bank, Plaintiff, vs. R. J. Dean & Company, Defendants. “Stipulation.…
1Opinion of the CourtO’Brien, J.
The question is, what is the meaning of the term “final judgment,” as used in the stipulation? The Code of Civil Procedure provides for two forms of judgment, one interlocutory and one final; but, as the action in the superior court was to recover a sum of money, in which no interlocutory judgment could be entered, it is evident that the term “final judgment” was not used in the stipulation to distinguish it from such interlocutory judgment. The term is susceptible of two other significations,—one, which, in a strict legal sense, is its true meaning, viz. a determination of the rights of the…
2Cases cited1 opinion
- Forgay v. ConradSupreme Court of the United States · 1848
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