Legal Opinion · Dissent

Neuwirth v. Melvin

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

Decided May 24, 1948Published

1DissentJohnston, J.

I dissent. In my opinion the orders about to be affirmed cannot be supported by any controlling precedent and may not be sustained on any legal basis. They would not have been made if the court had been mindful of the admonition, so frequently reiterated, that summary authority should always be exercised with great prudence and caution and with a sedulous regard for the rights of the attorney. It will be helpful to review the history of the litigation out of which these orders grew.

Melvin, defendant in this action, was sued for separation. Neuwirth, the plaintiff, instituted this action…

2Cases cited7 opinions

  1. Matter of LangslowNew York Court of Appeals · 1901
  2. In Re Niagara, Lockport & Ontario Power Co.New York Court of Appeals · 1911
  3. In re the Minnesota Phonograph Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. Taylor v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  5. In re HitchingsAppellate Division of the Supreme Court of the State of New York · 1913

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