A Treatise on Pleading and Practice in the Courts of Record of New York; Including Pleading and Practice in Actions Generally and in Special Actions and Proceedings and Appellate Procedure, with Forms Volume 1
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...v. Hamilton, 50 How. Pr. 116. 'M9 Finelite v. Flnelite, 41 State Rep. 158. 16 N. Y. Supp. 287. Art. V. Before "ihom to Move.--Motion. But a motion to reargue a motion made at the regular special term for the hearing of non-enumerated motions, should not be dismissed because the judge who decided the original motion docs not preside when the motion for a reargument is brought on, since the proper course in such a case is to refer the application to the justice who decided the original motion or to defer the hearing until he presides at the regular special term for the hearing of non-enumerated moti0ns.'' The reason why it is not fit that one judge should sit in review of the decisions and judgments of another judge of the same court, rests not so much on a want of power to correct what has been mistakenly done as the confusion and vexatious litigation that would be likely to arise from so unwise a course in the administration of justice?" Where an order was erroneously granted at the circuit, under the old system of courts, the special term had jurisdiction to vacate it?" Exceptions to rule. Exceptions to the rule stated above are cases (1) where the justice has died or ceased to be a member of the court, and (2) orders taken without notice or by default. In those events, as the observance of the rule would be impracticable for the purpose of securing what may be just and right, the application for a reconsideration of the order may then be made before a court held by another justice?" So if a judge has ordered a. reference and has retired from the bench in the meantime, a. motion to confirm the refcree's report may be made at special term held by another judge?" Another exception to the rule...
- Paperback | 464 pages
- 189 x 246 x 24mm | 821g
- 13 Sep 2013
- Illustrations, black and white