McLear v. Balmat

An interlocutory judgment herein directing the sale of mineral rights and a distribution of the proceeds among those adjudged to be the owners thereof, has been affirmed by this court (207 App. Div. 870) and the Court of Appeals (238 N. Y. 568). This motion to resettle and modify the order and decisions of this court arose out of the appeal from the final judgment. Thus it was an effort to review the same questions which had been decided. If no other questions had been involved, the affirmance of this final judgment would have followed the earlier decision. There was included, however, an…