Thompson v. Erie Railroad 182 N.Y. 563

James S. Thompson, as Receiver of the Union Iron Works, Buffalo, N. Y., Respondent, v. Erie Railroad Company, Appellant.

(Argued October 5, 1905;

decided October 24, 1905.)

Thompson v. Erie R. R. Co., 105 App. Div. 627, affirmed.

Appeal, by permission, from an. order of the Appellate Division of the Supreme Court in the fourth judicial depart*564ment, entered June 3, 1905, which affirmed an order of Special Term granting a motion to amend a judgment, theretofore entered in the above-entitled action at a Trial Term at which the justice who granted the Special'Term order presided, by striking therefrom a clause making it a judgment on the merits and inserting instead the words “ ordered a nonsuit.”

The following question was certified :

“ Had the Special Term the power, under the facts in this case, to make the order complained of?”

Adelbert Moot and Joseph A. Wechter for appellant.

George C. Riley for respondent.