Legal Opinion · Dissent

Redondo Steamship Co. v. Irving Bank-Columbia Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 11, 1927Published

1DissentHagarty, J.

I am of opinion that it is now beyond the power of the trial court to make any change in its findings of fact or conclusions of law. It has been held that a trial court may not “ after the final judgment, by amendment, change a ruling upon the law, or alter the decision upon the merits, for, by- so doing, the substantial rights of the adverse party would be really affected.” (Bohlen v. Metropolitan Elev. R. Co., 121 N. Y. 546; Smith v. Smith, 121 App. Div. 480; Heinitz v. Darmstadt, 140 id. 252; Hydraulic Power Co. v. Pettebone-Cataract P. Co., 194 id. 819.) I am of opinion that this rule of…

2Cases cited2 opinions

  1. Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  2. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1907

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