¶1 A motion under section 2182 of the Code of Civil Procedure to cancel a judgment is a special proceeding and not an order in an action.
¶2 The motion to dismiss the appeal is denied, with ten dollars costs.
162 N.Y. 605
57 N.E 1106
Duer v. . Hunt
Decided March 6, 1900
New York Court of Appeals · decided 1900-03-06
Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1899, reversing an order in favor of defendant entered upon a decision of the court on trial at Special Term. The motion was made on the ground that the Court of Appeals has no jurisdiction to hear the appeal, and that the appeal was not taken within the time prescribed by the Code of Civil Procedure.
Good law ✅— No negative treatment on recordhow we know
Decided 1900-03-06
How this case has been cited
Cited by 5 later decisions — most recently November 1966
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →