Bench and Bar Volume 11

Bench and Bar Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...Under Sec. 93, subd. 2. of the Municipal Court Code, a judgment of the Municipal Court of the City of New York for a sum of money may be amended so as to accord with the correct calculation of interest. Mitchell '0. Security Bank, 95 Misc. 506. (819) Authority of Municipal Court Justice to Vacate.---A justice of the Municipal Court of the City of New York has no authority to vacate a judgment entered by another justice of the same court. Myers 1/. Klein, 95 Misc. 546. (83)) Extent of Power to Correct.--Under Sec. 6, subd. 7 of the Municipal Court Code the Municipal Court of the City of New York, upon the theory of correcting a judgment entered in favor of plaintifi and sustained by the evidence, is without authority to enter a judgment in favor of defendant on a counterclaim, and on motion the original judgment will be reinstated subject to an application to correct and vacate it on suflicient ground. Miller, Inc.-u. Leahy Building Co., 95 Misc. 616. (321) Improper Action on Default Judgment.-Where it is admitted that the object of an action instituted in plain violation of Code Civ. Pro. Sec. 1319 upon a judgment by default is to increase the amount of the judgment so that summary proceedings can be instituted thereunder, the entry of the second judgment is unauthorized; but defendant has no standing in court except to move to open his default. Myer: v. Klein, 95 Misc. 546. (820) JUDICIAL SALES. Notice of Resale on Failure of Purchaser to Complete.--Under Code Civ. Pro., Sec. 1678, where a bidder at a judicial sale fails to complete his purchase in accordance with the usual terms of sale, the referee to sell has no right to put the property up for sale at his oflice without publication, even though the order of sale provided that if more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236757750
  • 9781236757753