Card v. Meincke

New York Supreme Court

Card v. Meincke

24 N.Y.S. 375, 70 Hun 382, 77 N.Y. Sup. Ct. 382, 54 N.Y. St. Rep. 285

CourtNew York Supreme Court

DecidedJune 30, 1893

StatusPublished

Cited by14 cases

This text of 24 N.Y.S. 375 (Card v. Meincke) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Card v. Meincke, 24 N.Y.S. 375, 70 Hun 382, 77 N.Y. Sup. Ct. 382, 54 N.Y. St. Rep. 285 (N.Y. Super. Ct. 1893).

Pincite

Opinion

FEE CURIAM.

In an action tried before the court without a jury the clerk can only enter a judgment as directed by the court in the decision filed, or upon a subsequent approval by the judge who tried the cause of the particular judgment that is proposed to be entered. In the case at bar the decision filed contained no such explicit directions, and certainly did not state that any judgment should be entered dismissing the complaint in this action on the merits, whatever might have been the intention of the learned judge who tried the cause. We think, therefore, that the motion should have been granted, striking out from the judgment the words, “upon the merits.” The order appealed from should be reversed, and the motion granted, with $10 costs of appeal and disbursements, and $10 costs of motion and disbursements.

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FEE CURIAM.

In an action tried before the court without a jury the clerk can only enter a judgment as directed by the court in the decision filed, or upon a subsequent approval by the judge who tried the cause of the particular judgment that is proposed to be entered. In the case at bar the decision filed contained no such explicit directions, and certainly did not state that any judgment should be entered dismissing the complaint in this action on the merits, whatever might have been the intention of the learned judge who tried the cause. We think, therefore, that the motion should have been granted, striking out from the judgment the words, “upon the merits.” The order appealed from should be reversed, and the motion granted, with $10 costs of appeal and disbursements, and $10 costs of motion and disbursements.

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Bluebook (online)

24 N.Y.S. 375, 70 Hun 382, 77 N.Y. Sup. Ct. 382, 54 N.Y. St. Rep. 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/card-v-meincke-nysupct-1893.

Opinion

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