Johnson v. . Cole

Decided January 17, 1905

New York Court of Appeals · decided 1905-01-17

Motion to amend remittitur so as to provide that the judgment appealed from and the interlocutory judgment entered upon the report of the referee be reversed, with costs to the appellants in all the courts to abide the event. (See 178 H. Y. 364.)

Relies on Johnson v. . Cole

Good law ✅— No negative treatment on recordhow we know

Decided 1905-01-17

How this case has been cited

Cited by 50 later decisions — most recently December 1996 · most notably Wood Selick v. . Ball (1907), People Ex Rel. Mizpah Lodge No. 518 of the Independent Order of Odd Fellows v. Burke (1920)

49 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.

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Bartlett, J.

¶1 The motion should be denied, without costs. The opinion as originally written gave costs to the appellants in all the courts to abide the event. Prior to handing down the decision the opinion was amended by striking out the words “ to the appellants,” but owing to an oversight these words were not stricken from the copy of the opinion sent to the state reporter, and it was erroneously reported in 178 N. Y. 364, in its unamended form.

¶2 Cullen, Ch. J., O’Brien, Haight, Yann and Werner, JJ., concur.

¶3 Motion denied.