Dalton v. Loughlin
New York Court of Common Pleas
Appeal from a New York city district court. Jeremiah Dalton sued H. Loughlin in the Third District court of the city of New York and the case was there tried, November 3, 1876, by Mr. Justice Parker without a jury.
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Appeal from a New York city district court. Jeremiah Dalton sued H. Loughlin in the Third District court of the city of New York and the case was there tried, November 3, 1876, by Mr. Justice Parker without a jury. It appeared from the justice’s certificate that on the 11th of November thereafter he indorsed upon the back of the papers in the cause a memorandum that his decision was in favor of the defendant, with $10 extra costs, and that he returned the papers with the memorandum indorsed upon them, but did not deliver them or the memorandum of his decision to the clerk of the court until…
1Opinion of the Court
Daly, Ch. J.
[After stating the facts.]—By section 47 of the act of 1857, L. 1857, p. 720, the justice must render judgment within eight days from the time when the case is submitted to him, and if he fails to do so within that time, he loses jurisdiction of the cause, and any further proceeding in it on his part is unauthorized and void (Bloomer v. Merrill, 1 Daly, 485, and cases there cited).
The mere indorsing of a memorandam of his decision on the papers submitted to him was not in itself rendering judgment.
The cases in which it has been held that such an indorsement by a justice in the…
2Cases cited5 opinions
- Fish v. . EmersonNew York Court of Appeals · 1871
- Sibley v. HowardNew York Supreme Court · 1846
- Bloomer v. MerrillNew York Court of Common Pleas · 1865
- Baker v. BrintrallNew York Supreme Court · 1868
- Walrod v. . ShulerNew York Court of Appeals · 1848
3Cited by13 opinions
- Lambert v. SalomonAppellate Terms of the Supreme Court of New York · 1899
- Collins v. DavisAppellate Terms of the Supreme Court of New York · 1909
- Van Valis v. CharconaAppellate Terms of the Supreme Court of New York · 1903
- Berliner v. M. Zimmermann Co.Appellate Terms of the Supreme Court of New York · 1907
- Bien v. National Surety Co.Appellate Terms of the Supreme Court of New York · 1916
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