General

Martin vs. Wilson

1 N.Y. 240·New York Court of Appeals·1848·NY

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Opinion

Martin vs. Wilson. Where after affirmance of the judgment of the Court below, a remittitur has been sent to and filed with the Clerk of that' Court, this Court loses jurisdiction of the cause, so that it cannot open a default therein. O. W. Sturtevant, for the plaintiff in error moved to open a judgment of affirmance by default in this case at the last January term, and read affidavits' excusing the default. J. 3. Magher, for the defendant in error, read an affidavit showing.that a remittitur had been issued and duly filed in «the Supreme Court. [MAJORITY — The Court] The Court held that it lost jurisdiction of the cause when the remittitur was filed in the Court below, and on that ground Denied the motion.