Roosevelt v. Heirs of Fulton
New York Supreme Court
0. Graham moved to enter on the record a vacatur of the judgment for the plaintiff in this cause. One ground of the motion was, that a bill of exceptions ° L had been proposed at the trial, which, before the rule for judgment had been entered, was drawn, amendments pro-posed, and both were delivered to the judge to be settled, The plaintiff perfected his judgment before it was settled siSned b7 the judSe- Another ground was, that a new trial had been granted (both parties…
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0. Graham moved to enter on the record a vacatur of the judgment for the plaintiff in this cause. One ground of the motion was, that a bill of exceptions ° L had been proposed at the trial, which, before the rule for judgment had been entered, was drawn, amendments pro-posed, and both were delivered to the judge to be settled, The plaintiff perfected his judgment before it was settled siSned b7 the judSe- Another ground was, that a new trial had been granted (both parties appearing and arguing) on the bill of exceptions as mentioned ante, 71, S. G.
1Opinion of the Court
Curia.
The motion must be granted on both grounds. argument was a waiver of the judgment. On the first ground it must be granted with costs. A bill of exceptions proceedings, per se, after it is settled. To be sure, it is drawn and submitted for settlement, time should be . . obtained by order; but when once the draft and amendments are delivered to the judge, we have always considered the bill complete for the purpose of staying proceed-ings; though it be not settled and signed in fact. The party bas tben done every thing in his power towards perfecting it; and ought not to be prejudiced by…
2Cited by6 opinions
- Barnes v. RobertsThe Superior Court of New York City · 1859
- Jellinghaus v. New York InsuranceThe Superior Court of New York City · 1860
- Tucker v. WhiteNew York Supreme Court · 1862
- Raphaelsky v. LynchThe Superior Court of New York City · 1871
- Anthony v. SmithThe Superior Court of New York City · 1859
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