Appellate Division of the Supreme Court of New York, 1921

In re the Judicial Settlement of the Account of Proceedings of Werlich

Appellate Division of the Supreme Court of New York · Decided January 14, 1921 · Dowling

194 A.D. 607; 186 N.Y.S. 72; 1921 N.Y. App. Div. LEXIS 9335

Counsel

Douglas, Armitage & McCann, attorneys [Paul Armitage of counsel], for the appellant., Lord, Day & Lord, attorneys [Howard Mansfield of counsel; George de Forest Lord with him on the brief], for the respondents.

Opinion of the Court

Dowling, J.:

The sole question involved in this appeal is whether there should be included as part of the record on appeal to the *608Court of Appeals from an order of reversal by this court, an original order which was subsequently resettled by this court. The original order was superseded and abrogated by the order in its resettled form and is without force or effect for any, purpose whatever. The order in its final form is the only valid and effective expression of the decision of this court, and is the only one which forms, or should form, any part of the record on appeal.

The order appealed from is reversed, with ten dollars costs and disbursements, and the motion is denied, with ten dollars costs.

Clarke, P. J., Smith, Page and Greenbaum, JJ., concur.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.