Granite State Provident Ass'n v. McHugh — 34 N.Y.S. 341

Majority

p. 341

GRANITE STATE PROVIDENT ASS’N v. McHUGH.

(Supreme Court, General Term, Second Department.

June 14, 1895.)

Headnote

Judgment—Power oe Court to Correct.

It is within the discretion of the court, by resettling a judgment, to correct errors therein caused by inadvertence.

Appeal from special term.

Action by the Granite State Provident Association against Michael E. McHugh, impleaded, to foreclose a mortgage. From an order resettling a decree of foreclosure, plaintiff appeals.

Affirmed.

Argued before BROWN, P. J., and DYKMAN and PRATT, JJ-

Philip Carpenter, for appellant.

R. McC. Robinson, for respondent.

This is an appeal from an order resettling a decree of foreclosure. McHugh had a mechanic’s lien upon the mortgaged premises, which attached after $10,500 had been advanced on plaintiff’s mortgage. After the lien was filed, other advances were made on the mortgage, up to $15,000. The court decided that McHugh’s lien and his costs must be paid after the plaintiff was paid $10,500 and his costs. By inadvertence, he gave an allowance

p. 342

of $200 to the plaintiff, to be paid before McHugh’s lien and costs.. The decree, as resettled, corrects this, and makes the allowance payable after McHugh is paid. This is right. It was discretionary, at all events, with the trial court; and the order should be affirmed, with $10 costs and disbursements. All concur.