Orlando v. Palladino

Appellate Terms of the Supreme Court of New York

Orlando v. Palladino

61 Misc. 103, 112 N.Y.S. 1118

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1908

StatusPublished

This text of 61 Misc. 103 (Orlando v. Palladino) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Orlando v. Palladino, 61 Misc. 103, 112 N.Y.S. 1118 (N.Y. Ct. App. 1908).

Pincite

Opinion

MacLean, J.

The learned justice in the City Court filed a memorandum announcing his decision of a motion without mentioning costs; but in the order he signed and which was entered thereon he imposed costs. From that comes this appeal, which is frivolous, as the justice had power to revise or recall his decision. Post v. Cobb, 13 N. Y. Supp. 555. In the case (Siegrist v. Holloway, 7 Civ. Pro. 58) cited by the appellant, cited now and again on such motions, and even in a i espectable handbook on practice, as authority otherwise, the order was seemingly entered by the clerk who, of course, had no power to enlarge the decision of the county judge.

Appeal dismissed, with ten dollars costs to the respondent.

Gildeesleeve and Seabuby, JJ., concur.

Appeal dismissed, with ten dollars costs to respondent.

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MacLean, J.

The learned justice in the City Court filed a memorandum announcing his decision of a motion without mentioning costs; but in the order he signed and which was entered thereon he imposed costs. From that comes this appeal, which is frivolous, as the justice had power to revise or recall his decision. Post v. Cobb, 13 N. Y. Supp. 555. In the case (Siegrist v. Holloway, 7 Civ. Pro. 58) cited by the appellant, cited now and again on such motions, and even in a i espectable handbook on practice, as authority otherwise, the order was seemingly entered by the clerk who, of course, had no power to enlarge the decision of the county judge.

Appeal dismissed, with ten dollars costs to the respondent.

Gildeesleeve and Seabuby, JJ., concur.

Appeal dismissed, with ten dollars costs to respondent.

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Bluebook (online)

61 Misc. 103, 112 N.Y.S. 1118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orlando-v-palladino-nyappterm-1908.