Crane v. Miller
Appellate Division of the Supreme Court of the State of New York
Order affirmed, with ten dollars costs and disbursements.— Appeal by plaintiffs from an order of Special Term directing the clerk to tax costs to defendant under the provisions of section 3234 of the Code, and also amending the judgment as entered, so as to make it conform to the had at the-trial.
1Per curiam
The judgment wé must assume to be as corrected' by the trial judge. He could better determine what took place on the trial than we can upon the conflicting . affidavits before us, and he had the right to . amend the judgment so that it would con- • form to the decision that he-then made. Assuming it tó be as amended, a judgment was recovered by defendant. It is something more than a mere nonsuit. It secures to defendant protection from ever again, being I prosecuted for the eleven causes of action first set forth in the complaint- The case of Burns v. D., L. & W. R. R. Co. (135 N. Y. 268)…
2Cases cited3 opinions
- Burns v. . D., L. W.R.R. Co.New York Court of Appeals · 1892
- Welling v. Ivoroyd Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Moosbrugger v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Rott v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Wapnik v. Argonne Hat Works, Inc.City of New York Municipal Court · 1926