Legal Opinion · Dissent

Weubker v. James

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1946Published

1Dissent

Brewster, J. (dissenting).

I cannot agree that the question presented by this appeal is of insufficient moment to justify our answer. The adjustment by the original parties of their private interests in the controversy was made pending an appeal to this court taken by the tenant and the intervener-appellant. If the question presented thereby was correctly answered by the court below it is difficult to envision a matter more fraught with a widespread public interest. For it sets at naught an act of Congress (Emergency Price Control Act of 1942; H. S. Code, tit. 50, Appendix, § 901 et seq., as…

2Cases cited7 opinions

  1. Yakus v. United StatesSupreme Court of the United States · 1944
  2. Bowles v. WillinghamSupreme Court of the United States · 1944
  3. Lockerty v. PhillipsSupreme Court of the United States · 1943
  4. International Spangles Corp. v. Marrow Manufacturing Corp.New York Court of Appeals · 1945
  5. Matter of Lyon Co. v. MorrisNew York Court of Appeals · 1933

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