Murray v. . Berdell
New York Court of Appeals
These were motions, the nature of which, and the material facts, are stated in the opinion.
1Opinion of the CourtRapallo, J.
These are motions for restitution made by the defendant Charles P. Berdell, under section 1323 of the Code of Civil Procedure.
Under that section, upon the reversal of a final judgment, the appellate court is authorized “ to make or compel restitution of property, or of a right, lost by means of the erroneous judgment.’ ’
Both of the above-entitled actions were creditors’ suits brought for the purpose of annulling, as void as against the creditors of Robert H. Berdell, two deeds of real estate in Orange county, N. Y., executed by him to Charles P. Berdell, which bore date respectively, April 7,…
2Cited by14 opinions
- Wallace v. . BerdellNew York Court of Appeals · 1885
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- City of Oakland v. ButeauCalifornia Supreme Court · 1934
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- In re of the Accounts of EltingAppellate Division of the Supreme Court of the State of New York · 1904
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