Civil Procedure · MBE-tested
Hopkins against Flynn
7 Cow. 525·New York Supreme Court·1827·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
*Hopkins against Flynn.
ALBANY,
Oct. 1827.
a judgment of refereesPbeingreversedon it was entered the oouríbe’ low may still render3» regí laToí“tiui re* port.
On motion, the court of error will so amend the general entry of reversal as to allow a new judgment in low C0Urt b9"
On error from the Erie C. P. The judgment of that courti which was in favor of Flynn, was reversed, on the sole ground that it appeared of record to have been entered in vacation. The judgment below was upon the report of refereeS.
It was now moved that the rule for reversal be so amended, as to allow the court below to proceed,, and give a new and Ie2u^ar judgment upon the report.
J. L. Tillinghast, for the motion.
S. Sherwood, contra,
[MAJORITY — Curia.]
Curia.
' Let the clerk add to the general entry of revernunc Pro tunc> t^Le following words: “ and that the de* fondant in error may- apply to the court of common pleas for judgment on the report of the referees."
Rule aceording1y~