General

Palmer v. Lawrence et al.

5 N.Y. 455·New York Court of Appeals·1851·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

Palmer v. Lawrence et al. Amendment of record. An error in the entry of the decision of the court of errors may be corrected, though a remittitur have been sent and filed. MotxoN to correct the entry of the decree of this court, so as to conform to the decision actually made. Affidavits were read, showing that by a mistake in entering the order, one of the appellants was made liable for interest on the judgments, to the amount of about $8000, by way of damages; a question which had never been submitted to, nor passed upon by the court. *On the other side, it was shown by affidavit, that a remittitur had been sent to the court below, and actually filed. To which it was replied, that the rule invoked only applied where the remittitur had been regular. Hill, for the motion. Bonney, contra. [MAJORITY — Per Cueiam.] Per Cueiam. Motion granted.