Dollfus v. Frosch

By the Court, Bronson, J.

A motion cannot be renewed without first obtaining leave of the court. (Mitchell v. Allen, 12 Wend. 290).(a) And this rule applies to motions for a commission, as well as in other cases. (Allen v. Gibbs, 12 Wend. 202.) In that case a commission was denied by this court on the ground that a previous application had been refused by the circuit judge. If a motion cannot be renewed here after it has been passed upon by a commissioner, clearly the commissioner should not act after we have decided the question.

The fact that the papers were insufficient on the first…