Lynch v. Rome Gas Light Co.
New York Supreme Court
mHIS was an action of ejectment to recover the possession JL of lands to which the plaintiff claimed title hv virtue of a judgment in a partition suit, brought by John Stryker against Louisa Lynch and others, in 1850. The proceedings in the partition suit were under the code, by summons and complaint.
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mHIS was an action of ejectment to recover the possession JL of lands to which the plaintiff claimed title hv virtue of a judgment in a partition suit, brought by John Stryker against Louisa Lynch and others, in 1850. The proceedings in the partition suit were under the code, by summons and complaint. The final decree was entered November 8,1856, by which the premises' in question were partitioned and adjudged to the plaintiff herein, Loiiisa Lynch, and said partition ordered to stand firm and effectual forever. Through some mistake or inadvertence judgment was not formally signed and…
1Opinion of the CourtMorgan, J.
The final decree of a court of equity formerly took effect when it was made and declared by the court, and the record, when made up, was only evidence of the ■decree, and simply proved it, without adding any thing to its force or effect; except in those cases where the statute required it to be enrolled as preliminary to some further action which was to be taken upon the basis of the decree, and w'hich was only authorized after enrollment. And it was not even necessary to enroll it as a matter of evidence. (Bates v. Delevan, 5 Paige, 303, 4. Winans v. Dunham, 5 Wend. 47. Fort v. Burch, 6…
2Cases cited3 opinions
- Fort v. BurchNew York Supreme Court · 1849
- Winans v. DunhamNew York Supreme Court · 1830
- Orman v. PhelpsNew York Supreme Court · 1850
3Cited by2 opinions
- New York Guaranty & Indemnity Co. v. Tacoma Railway & Motor Co.Court of Appeals for the Ninth Circuit · 1897
- Butler v. LeeNew York Court of Appeals · 1866