Griswold v. Havens
New York Supreme Court
Appeal from an order denying a motion to set aside a judgment for irregularity. This action was brought by Nathaniel L. Griswold against Langdon H. Havens and three others. The facts are sufficiently stated in the opinion. The motion below was based upon several alleged irregularities. J udgment had been perfected in the Supreme Court, March 24th, 1863, and the motion was not made till May of the same year: the defendants appealed.
1Opinion of the Court
By the Court.—Ingraham, J.
We do not feel ourselves at liberty to say to the Court of Appeals that their judgment is erroneous, nor to send back this case to them for the purpose of intimating to them that any error has been committed, and asking them to reverse their former decision. That judgment reversed the judgment of the Supreme Court, and ordered final judgment for the plaintiff upon the verdict. An order has been entered in this court making the judgment of the Court of Appeals the judgment of this court on filing the remittitur.
We think we have no right to go behind that judgment and…
2Cases cited2 opinions
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- Selden v. VermilyaThe Superior Court of New York City · 1850
3Cited by3 opinions
- Brown v. Farmers' Loan & Trust Co.New York Supreme Court · 1890
- Carlson v. WintersonNew York Court of Common Pleas · 1895
- Hillyer v. VandewaterNew York Supreme Court · 1890