Bohlen v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, made the first Monday of February, 1890, which reversed an order of Special Term granting a motion to amend the findings of fact herein. The nature of the action and the material facts are stated in the opinion. Upon the construction of all the findings in the case, no inconsistency between them exists, and so the order related to matter of mere form and was harmless.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, made the first Monday of February, 1890, which reversed an order of Special Term granting a motion to amend the findings of fact herein. The nature of the action and the material facts are stated in the opinion. Upon the construction of all the findings in the case, no inconsistency between them exists, and so the order related to matter of mere form and was harmless. (Green v. Roworth, 113 N. Y. 462-467; Hill v. Grant, 46 id. 496; Waugh v. S. Bank, 115 id. 42; Bd. Health v. Purden, 99 id. 237; Redfield v.…
1Opinion of the CourtGray, J.
The General Term below have reversed the order, which amended certain findings of fact made by the trial judge upon his decision of the case; and the reversal is placed upon the ground that the court was without power to make the order. The reasons assigned are that the error was judicial and could not be corrected at a term other than that at which the judgment was rendered. This was error, and it must have resulted from a misapprehension of the powers, which are specially conferred by the statute upon, as well as being inherent in the court. The action was in equity to restrain the…
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