Breckenridge Co. v. Perkins — 44 N.Y.S. 1112

Majority

p. 1112

BRECKENRIDGE CO., Limited, Respondent. v. PERKINS, Appellant.

(Supreme Court, Appellate Division, First Department.

March 5, 1897.)

Headnote

Action by the Breckenridge Company, Limited, against James D. Perkins.

C. E. Souther, for appellant.

W. B. Bristow, for respondent.

The judgment entered upon the report of the referee in this action finally disposed of all the rights of the parties, and it was clearly a final judgment. Gates v. Canfield, 2 Civ. Proc. R. 254. It is quite true that the judgment, as entered, was defective, in that it did not contain a recital which it should have contained. But this court has held that this judgment should not be set aside for that reason. It is therefore a valid and existing judgment, and the execution issued pursuant to it was properly issued, and should not be set aside. The order should be affirmed, with $10 costs and disbursements.