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Bohlen v. Metropolitan Elevated Railway Co.

58 N.Y. Super. Ct. 558 26 Jones & S. 558 Court N.Y. Super. Ct. Decision date 1890-03-04 English

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p. 558
HENRY BOHLEN, Respondent v. THE METROPOLITAN ELEVATED RAILWAY COMPANY, et al., Appellants.[1]

Headnote

Findings of fact, irreconcilable of, cannot after judgment rendered be remedied by the judge icho made them on a motion made before him sitting at a term other than that at which the judgment was rendered.
Before Sedgwick, Ch. J., and Dugro, J.
Decided March 4, 1890.
p. 559
Appeal from an order made on the 9th day of December, 1889, at a special term held at chambers, opening a judgment rendered on June 6, 1889, at speciál equity term upon findings made on the said June 6th by the judge upon a trial before the court without a jury, and amending the findings nunc pro tunc. The order was made on the respondent’s motion and was granted by the judge who made the findings.
Sackett & Bennett, for respondent.
Davies & Bapallo, for appellants.

The court reversed the orders (Dugro, J., writing, and citing Rockwell v. Carpenter, 25 Hun, 529 ; McLean v. Stewart, 14 lb. 472 ; Gardiner v. Schwab, 34 lb. 583 ; Freeman on Judgments, §§ 70-101, Sedgwick, Ch. J., concurring), holding as stated in the head note.