Brown v. . Leigh
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court iu the second judicial department, affirming an order of Special Term vacating a judgment for costs in favor of plaintiff entered upon remittitur from the Court of Appeals and setting aside the adjustment of costs by the clerk. A motion was made by defendant at Special Term to set aside an amended complaint herein. The motion was granted and the order was affirmed at General Term.
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Appeal from order of the General Term of the Supreme Court iu the second judicial department, affirming an order of Special Term vacating a judgment for costs in favor of plaintiff entered upon remittitur from the Court of Appeals and setting aside the adjustment of costs by the clerk. A motion was made by defendant at Special Term to set aside an amended complaint herein. The motion was granted and the order was affirmed at General Term. TJpon appeal to this court the order was reversed and motion denied with costs. Plaintiff obtained upon "the remittitur an ex pa/rte order that the judgment…
1Opinion of the CourtAllen, J.
The order from which the plaintiff has appealed does not affect a substantial right, and is not, therefore, appeal-able to this court. The ■ defendant by his application only sought to be relieved from a judgment, which he claimed to be irregular, and an adjustment of costs, which he claimed to be unauthorized. In hoth positions he was right, and entitled to his motion. Ho judgment could be entered upon the remittitur of the order of this court reversing an order of the Supreme Court.
The proceedings were interlocutory, and did not authorize the entry of a final judgment. The Code defines a…
2Cited by6 opinions
- Goodridge v. ConnorCity of New York Municipal Court · 1883
- In re BrasierNew York Court of Common Pleas · 1885
- People ex rel. Bleecker St. & F. F. R. v. BarkerNew York Supreme Court · 1895
- United States Life Ins. v. JordanNew York Supreme Court · 1887
- Gilmore v. TuttleNew Jersey Court of Chancery · 1885
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