Oakley v. . Aspinwall
New York Court of Appeals
Hiram P. Hastings, for the plaintiff, .made a motion in March last, to vacate the judgment of reversal which had been rendered in this cause in December last, and that the cause either be re-argued or judgment of affirmance be entered. The grounds on which the motion was made are stated in the opinions delivered by the judges.
1Opinion of the Court
It is suggested by the petition of the respondent, that the decision of this court by which the judgment of the superior court in his favor was reversed and a new trial ordered in this case, was entered through inadvertence, and he prays that both the judgment of this court and the remittitur may be vacated, and that the appeal may be reargued. This application is based on several grounds, the most important of which is, that the appeal was argued before seven members of the court, one of whom, Judge Strong, was related to the appellants Aspinwall within the seventh degree, and was therefore…
2Cited by142 opinions
- Aetna Life Insurance v. LavoieSupreme Court of the United States · 1986
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- McClaughry v. DemingSupreme Court of the United States · 1902
- American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
- Ellingham v. DyeIndiana Supreme Court · 1912
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