Summary
In Martin v. Wilson, 1 N.Y. 240, a motion was made to open a judgment of affirmance, rendered at the previous term of the Court, and affidavits excusing the default were read in support of the motion; but it appearing that the remittitur had been sent to and filed in the Court below, the Court held that it had lost jurisdiction and denied the motion upon that ground.
Summary of this case from Rowland v. KreyenhagenOpinion
April Term, 1848
O.W. Sturtevant, for the plaintiff in error.
J.H. Magher, for the defendant in error.
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.