Haebler v. . Myers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made October 24, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This was an action for money had and received.
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Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made October 24, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This was an action for money had and received. In April, 1888, the sheriff of the city and county of New York received the sum of $900 “by reason of” the levy of an attachment which the plaintiffs had caused to be issued in an action brought by them against one Bernharth and others. On October thirtieth, the defendants, “ as subsequent…
1Opinion of the CourtVann, J.
Restitution was a remedy well known to the •common law. Its object Avas to restore to an appellant the •specific thing, or its equivalent, of which he had been deprived by the enforcement of the judgment against him during the -pendency of his appeal. It was not created by statute, but was exercised by the appellate tribunal as incidental to its power to correct errors, and hence the court not only reversed the erroneous judgment but restored to the aggrieved party that which he had lost in consequence thereof. It was usually a part of the judgment of reversal which directed “ that the…
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