Stevens v. Cent. Nat. Bank of Boston

CourtNew York Court of Appeals
Writing for the CourtO'BRIEN
Citation56 N.E. 628,162 N.Y. 253
Decision Date13 March 1900
PartiesSTEVENS et al. v. CENTRAL NAT. BANK OF BOSTON et al.

162 N.Y. 253
56 N.E. 628

STEVENS et al.
v.
CENTRAL NAT.
BANK OF BOSTON et al.

Court of Appeals of New York.

March 13, 1900.


Appeal from supreme court, appellate division, Third department.

Action by Aaron R. Stevens and others against Central National Bank of Boston and others. From an order (54 N. Y. Supp. 673) dismissing an appeal to the supreme court from a judgment for defendant (53 N. Y. Supp. 193), plaintiff appeals. Dismissed.


[162 N.Y. 253]Edward Winslow Paige, for appellants.

Charles E. Patterson, for respondents.


O'BRIEN, J.

The judgment in this case having been affirmed in this court (144 N. Y. 50, 39 N. E. 68), was taken to the supreme court of the United States upon a writ of error, where it was reversed, with costs, in so far as it affected the Central National Bank of Boston and the parties represented by it in the litigation. 18 Sup. Ct. 403,43 L. Ed. 97. The case was remitted to this court by the federal court, with its mandate that further proceedings be had in the state courts not inconsistent with the decision. [162 N.Y. 254]This court remitted the record with the mandate to the supreme court of this state, with directions to carry the judgment of the federal court into effect, without costs in this court. 50 N. E. 1115. The supreme court of this state at special term received the record, and took into consideration the form of the final judgment to be entered. Its decision is expressed in the form of an order regularly entered upon an opinion stating the principles upon which costs should be awarded to the bank and other parties who have succeeded in the supreme court of the United States. Upon this order and the record judgment was entered against the plaintiff for $3,851.10 costs. 53 N. Y. Supp. 193. The plaintiff appealed to the appellate division from the order of the special term and from the judgment. That court affirmed the order, and dismissed the appeal from the judgment. 54 N. Y. Supp. 673. The decision is expressed in the form of an order, and from that order, so far as it dismissed the appeal from the judgment, the plaintiff has appealed to this court.

The contention of the learned counsel for the plaintiff is that the judgment for costs entered below was unauthorized by the judgment and mandate of the federal court, and proceeded upon an erroneous construction of the scope and effect of that judgment as well as of the judgment of this court. We refrain from any consideration of these questions, since we think this...

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8 practice notes
  • Bache v. Ward
    • United States
    • Supreme Court of Illinois
    • February 21, 1907
    ...Ill. 196;Millard v. Harris, 119 Ill. 185, 10 N. E. 387;Kingsbury v. Powers, 131 Ill. 182, 22 N. E. 479;Marshall v. Coleman, 187 Ill. 556,56 N. E. 628. The appeal in this case from the county court to the circuit court was expressly limited to two items of the account; that is, to the execut......
  • Guar. Trust Co. of New York v. State, (Claim No. 27969).
    • United States
    • New York Court of Appeals
    • June 2, 1949
    ...from that judgment to this court as of right, two Justices of the Appellate Division having dissented. See Stevens v. Central Nat. Bank, 162 N.Y. 253, 56 N.E. 628, Id.,168 N.Y. 560, 61 N.E. 904;Matter of City of New York (New Court House), 216 N.Y. 489, 111 N.E. 65, Ann.Cas.1917D, 157;Silve......
  • Abbey v. Wheeler
    • United States
    • New York Court of Appeals
    • February 25, 1902
    ...a mere instrument to execute the judgment which the reviewing court had already pronounced. Adams v. Fox, 27 N. Y. 640;Stevens v. Bank, 162 N. Y. 253, 56 N. E. 628;Johnson v. Signal Co., 125 N. Y. 720, 26 N. E. 455;Elwell v. Johnson, 74 N. Y. 80;Smith v. Rathbun, 88 N. Y. 660. It is true th......
  • Stevens v. Cent. Nat. Bank of Boston,
    • United States
    • New York Court of Appeals
    • November 26, 1901
    ...as premature, upon the ground that ‘the proper practice is to enter a judgment upon such an order, and then appeal from the judgment.’ 162 N. Y. 253, 56 N. E. 628. From the judgment subsequently entered, this appeal was brought. [61 N.E. 906][168 N.Y. 563]Edward Winslow Paige, for appellant......
  • Request a trial to view additional results
8 cases
  • Bache v. Ward
    • United States
    • Supreme Court of Illinois
    • February 21, 1907
    ...Ill. 196;Millard v. Harris, 119 Ill. 185, 10 N. E. 387;Kingsbury v. Powers, 131 Ill. 182, 22 N. E. 479;Marshall v. Coleman, 187 Ill. 556,56 N. E. 628. The appeal in this case from the county court to the circuit court was expressly limited to two items of the account; that is, to the execut......
  • Guar. Trust Co. of New York v. State, (Claim No. 27969).
    • United States
    • New York Court of Appeals
    • June 2, 1949
    ...from that judgment to this court as of right, two Justices of the Appellate Division having dissented. See Stevens v. Central Nat. Bank, 162 N.Y. 253, 56 N.E. 628, Id.,168 N.Y. 560, 61 N.E. 904;Matter of City of New York (New Court House), 216 N.Y. 489, 111 N.E. 65, Ann.Cas.1917D, 157;Silve......
  • Abbey v. Wheeler
    • United States
    • New York Court of Appeals
    • February 25, 1902
    ...a mere instrument to execute the judgment which the reviewing court had already pronounced. Adams v. Fox, 27 N. Y. 640;Stevens v. Bank, 162 N. Y. 253, 56 N. E. 628;Johnson v. Signal Co., 125 N. Y. 720, 26 N. E. 455;Elwell v. Johnson, 74 N. Y. 80;Smith v. Rathbun, 88 N. Y. 660. It is true th......
  • Stevens v. Cent. Nat. Bank of Boston,
    • United States
    • New York Court of Appeals
    • November 26, 1901
    ...as premature, upon the ground that ‘the proper practice is to enter a judgment upon such an order, and then appeal from the judgment.’ 162 N. Y. 253, 56 N. E. 628. From the judgment subsequently entered, this appeal was brought. [61 N.E. 906][168 N.Y. 563]Edward Winslow Paige, for appellant......
  • Request a trial to view additional results

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