Hooper v. Beecher
New York Court of Appeals
Motion by plaintiffs to dismiss appeals taken by the defendants from the judgment in this action, entered upon an order of the general term of the supreme court in the first judicial department, and from two orders of said general term, made May, 13, 1887, one of which denied a motion for reargument of the appeal, and the other of which modified a previous order of the general term granting costs against the defendants and making the costs payable out of a fund in the hands…
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Motion by plaintiffs to dismiss appeals taken by the defendants from the judgment in this action, entered upon an order of the general term of the supreme court in the first judicial department, and from two orders of said general term, made May, 13, 1887, one of which denied a motion for reargument of the appeal, and the other of which modified a previous order of the general term granting costs against the defendants and making the costs payable out of a fund in the hands of an assignee, one of the defendants.
1Opinion of the CourtGray, J.
The order of the general term denying re-argument is not reviewable here. The number of arguments which an appeal is entitled to and may have, is in the discretion of the court where the appeal is pending. Fleischmann v. Stern, 90 N. Y. 110.
The order of the genéral term modifying its previous order and making the payment of costs a lien upon the funds in the hands of one of the defendants as assignee, was granted upon the appellants’ own motion. Thereby they obtained the precise relief they had made application for. A party in whose favor a judgment is entered or an order made, cannot be…
2Cases cited1 opinion
- Fleischmann v. . SternNew York Court of Appeals · 1882
3Cited by1 opinion
- Board of Commissioners of Port of New Orleans v. McGrathLouisiana Court of Appeal · 1973