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Werner v. Werner

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1913
155 App. Div. 928 (N.Y. App. Div. 1913)

Opinion

March, 1913.

Present — Ingraham, P.J., McLaughlin, Laughlin, Scott and Dowling, JJ.


On the settlement of an order we of course are bound by the record, and cannot take additional evidence in regard to the amount due to the plaintiff. This motion must, therefore, be denied, but without prejudice to an application to the Special Term to modify the order, when the facts as to the amount of money that has been paid to the plaintiff under the stipulation since the entry of the final judgment can be determined. No costs of this application.


Motion denied.


Summaries of

Werner v. Werner

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1913
155 App. Div. 928 (N.Y. App. Div. 1913)
Case details for

Werner v. Werner

Case Details

Full title:HARRIET C. WERNER, Appellant, v . WALTER M. WERNER, Respondent

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

Date published: Mar 1, 1913

Citations

155 App. Div. 928 (N.Y. App. Div. 1913)