Maltby-Henley Co. v. Deane

New York Supreme Court

Maltby-Henley Co. v. Deane

57 N.Y.S. 457, 28 N.Y. Civ. Proc. R. 338

DecidedDecember 15, 1898

StatusPublished

This text of 57 N.Y.S. 457 (Maltby-Henley Co. v. Deane) 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.

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Maltby-Henley Co. v. Deane, 57 N.Y.S. 457, 28 N.Y. Civ. Proc. R. 338 (N.Y. Super. Ct. 1898).

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Opinion

LAWRENCE, J.

I do not think that I have the power to grant this motion. The judgment, to all intents and purposes, remains, after the filing of the transcript in the county clerk’s office, a judgment of the municipal court, except for the purposes of its enforcement. The judgment to be enforced is the judgment as rendered by the municipal court,—not another or a reduced judgment. Formal amendments may be allowed, but the amount of the judgment cannot be changed. The cases cited by the plaintiff’s counsel do not hold to the contrary (see Hilton v. Sinsheimer, 5 Civ. Proc. R. 355; Dieffenbach v. Roch, 112 N. Y. 621, 20 N. E. 560; Edel v. McCone (Com. Pl.) 10 N. Y. Supp. 538. If the judgment in the municipal court was erroneous in any respect, the remedy is by appeal, and not by motion. Motion denied, without costs.

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LAWRENCE, J.

I do not think that I have the power to grant this motion. The judgment, to all intents and purposes, remains, after the filing of the transcript in the county clerk’s office, a judgment of the municipal court, except for the purposes of its enforcement. The judgment to be enforced is the judgment as rendered by the municipal court,—not another or a reduced judgment. Formal amendments may be allowed, but the amount of the judgment cannot be changed. The cases cited by the plaintiff’s counsel do not hold to the contrary (see Hilton v. Sinsheimer, 5 Civ. Proc. R. 355; Dieffenbach v. Roch, 112 N. Y. 621, 20 N. E. 560; Edel v. McCone (Com. Pl.) 10 N. Y. Supp. 538. If the judgment in the municipal court was erroneous in any respect, the remedy is by appeal, and not by motion. Motion denied, without costs.

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57 N.Y.S. 457, 28 N.Y. Civ. Proc. R. 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maltby-henley-co-v-deane-nysupct-1898.

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