Phinney v. . Broschell
Cases that cite this one
9 later published cases cite this decision.
- In re the Supplementary Proceedings of a Tax of Wright, Peters & Co. (Appellate Division of the Supreme Court of New York 1902)
- Aiken v. Aiken (New York Supreme Court 1916)
- Goldreyer v. Shatz (Appellate Terms of the Supreme Court of New York 1909)
- In re Munson (Appellate Division of the Supreme Court of New York 1904)
- Edwards v. Shreve (Appellate Division of the Supreme Court of New York 1903)
- Lowerre v. Owens (Appellate Division of the Supreme Court of New York 1897)
- Albrecht v. Canfield (New York Supreme Court 1895)
- People ex rel. Steitz v. Rice (New York Supreme Court 1890)
- Coffin v. Lesster (New York Supreme Court 1885)
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
The appellants claim that the order of publication in this case was not made by a judge, but by the court at Special Term, and was therefore void. This is the only point in the case.
It appears that the order was in fact made by Judge Lawrence out of court, in his private chambers. His name appears in the caption, and in the body of the order it purports to be made by a judge. It recites, “ the plaintiffs *547 having presented to me,” etc., and “ having proved to my satisfaction,” etc., ordered, etc. It is signed by the judge with his initials, and his official title is abbreviated. The appellant relies on the fact that it has a caption, “at a Special Term held at chambers,” and that there is a direction to enter, but it does not appear to have been in fact entered as a court order. The General Term held that it was good as a chamber order of the judge. The question is purely one of form and we are not inclined to differ with the court below on such a technical point of practice.
The order should bo affirmed with costs. ■
All concur, except Andrews, J., absent.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.