Malcolm v. Hamill
The Superior Court of New York City
Motion for relaxation of respondent’s costs on appeal to the court of appeals, on the ground that the item of sixty dollars for argument should not have- been allowed, inasmuch as the case was submitted to the court by consent without oral argument.
1Opinion of the Court
O’Gobman, J.—
The motion papers do not state that printed points were delivered to the court, hut from my recollection of the argument.of counsel on this motion I assume that such was the case. The question, therefore, is whether the word “ argument,” as used in section 3251 of the Code, must be understood to mean oral argument alone. The language of some of the rules of the court of appeals, now in force, give some color to that view.
Rule 21. “ When a case is called on the calendar, it must he either argued or submitted. If the appellant appears, he may either argue or submit the case.”-
The…
2Cited by1 opinion
- In re the Estate of Di MuroNew York Surrogate's Court · 1956