Fitch v. Livingston & Flanagan
Cases that cite this one
3 later published cases cite this decision.
- Clendenning v. Lindner (Superior Court of New York 1895)
- Clendenning v. Lindner (The Superior Court of New York City 1895)
- O'Gorman v. Kamak (New York Court of Common Pleas 1875)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On the 24th of January 1853, C. L. Benedict, the attorney and counsel for appellant, moved on notice, affidavits and papers to set aside the judgment of affirmance and for a stay of proceedings, and for leave to apply to the Superior Court to have the bill of exceptions resettled, so as to present those questions of law which were actually made at the trial, by exceptions there taken, and which were passed upon at the general term, &c. and cited Livingston agt. Miller, ante page 219. N. Hill Jk. for respondents, opposed the motion.
The court held the papers under advisement a few days, and denied the motion with $10 costs, with the following reasons:
“ After argument and judgment, this court will not set aside the judgment and stay proceedings, to enable the appellant to make an application to the court below to alter the statement of the exceptions taken at the trial.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.