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Matter of Tyler v. Shea

Appellate Division of the Supreme Court of New York, First Department
Aug 20, 1992
185 A.D.2d 1018 (N.Y. App. Div. 1992)
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Summary

In Tyler v. Shea, 4 N.D. 377, 50 Am. St. Rep. 660, 61 N.W. 468, this court said: "The rule is well settled that one cannot accept or secure a benefit under a judgment and then appeal from it, when the effect of his appeal may be to annul the judgment, unless his right to the benefit is absolute and cannot possibly be affected by the reversal of the judgment."

Summary of this case from Easton v. Lockhart
See 2 Summaries

Opinion

Decided August 20, 1992

APPLICATION FOR WRIT OF PROHIBITION DENIED AND PETITION DISMISSED

Summaries of

Matter of Tyler v. Shea

Appellate Division of the Supreme Court of New York, First Department
Aug 20, 1992
185 A.D.2d 1018 (N.Y. App. Div. 1992)

In Tyler v. Shea, 4 N.D. 377, 50 Am. St. Rep. 660, 61 N.W. 468, this court said: "The rule is well settled that one cannot accept or secure a benefit under a judgment and then appeal from it, when the effect of his appeal may be to annul the judgment, unless his right to the benefit is absolute and cannot possibly be affected by the reversal of the judgment."

Summary of this case from Easton v. Lockhart

In Tyler v. Shea, 4 N.D. 377 [50 Am. St. Rep. 660, 61 N.W. 468, 469], a number of cases are cited supporting the next on the subject which we are considering, reading as follows: "The rule is well settled that one cannot accept or secure a benefit under a judgment and then appeal from it, when the effect of his appeal may be to annul the judgment, unless his right to the benefit is absolute and cannot possibly be affected by the reversal of the judgment."

Summary of this case from Donegan v. City of Los Angeles
Case details for

Matter of Tyler v. Shea

Case Details

Full title:TYLER, MATTER OF, v. SHEA

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Aug 20, 1992

Citations

185 A.D.2d 1018 (N.Y. App. Div. 1992)

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