Trimm v. Marsh

Decided October 15, 1874

New York Supreme Court · decided 1874-10-15

The action was brought by George S. Trimm and another against William B. Marsh and others to redeem certain mortgaged premises. The action was tried, and judgment rendered in favor of the plaintiff. This was reversed by the general term, and, upon appeal to the court of appeals, the decision of the general term was affirmed, and judgment absolute directed for defendant, which was duly entered.

Decided 1874-10-15

Lawkence, J.

¶1By taking the remittitur from the files of this court, and returning the same to the appellate court, it became necessary, after the denial of the motion in the commission of appeals, to enter another judgment in this court upon the remittitur. We think, therefore, that it cannot fairly be said that there was a" final judgment in this case at the time the motion for an allowance was made; that there was a judgment in the action which precluded the defendant from moving, or which prevented the court from granting an extra allowance,

¶2It follows, therefore, that the order at the special term should be affirmed, with costs.

¶3Order qffirmed.