Hyperlawhypertext legal database Melville v. Mathewson 51 N.Y. Super. Ct. 506

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Melville v. Mathewson

51 N.Y. Super. Ct. 506 19 Jones & S. 506 Court N.Y. Super. Ct. Decision date 1884-11-05 English

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p. 506
JANE L. MELVILLE v. ANDREW J. MATHEWSON.
Decided November 5, 1884.

Headnote

Motion at general term to open judgment.
Before Sedgwick, Ch. J., Truax and Ingraham, JJ.
Motion, made, in the first instance, at the general term to open a judgment against defendant, and to have all the issues re-tried by the referee herein.
Nelson J. Waterbury, for the motion.
John S. Davenport, against the motion.

It is the plain intention of the Code of Civil Procedure, and of the Rules of Practice, that the general term of this court should exercise only an appellate jurisdiction (Matter of Walker, 2 Duer, 655 ).

The motion is denied, but without prejudice to the renewal of the motion at the special term.