In re Schell
New York Supreme Court
Appeal from special term, New York county. Application by Robert Schell, as assignee of Edward Schell, for an order that an attorney pay over to him money alleged to have been recovered in certain proceedings on behalf of said Edward Schell, or that an attachment issue against said attorney as for a contempt. The attorney appeals from an order granting the application.
1Opinion of the CourtVan Brunt, P. J.
The papers in this case present the rather curious anomaly of two separate, distinct, and inconsistent orders being entered upon a single application, with nothing upon the face of the papers to show thát one order is intended to replace or be a resettlement of the other. This practice is one that is not to be encouraged; and, if no other reason existed, we think it would form a sufficient ground for a reversal of the order appealed from. But there are other points which seem to be fatal to the application, and these may as well be disposed of upon this appeal as at any other.time. It appears…
2Cases cited1 opinion
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
3Cited by7 opinions
- In Re Niagara, Lockport & Ontario Power Co.New York Court of Appeals · 1911
- Taylor v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Brown v. Superior CourtArizona Supreme Court · 1954
- Gillespie v. MulhollandNew York Court of Common Pleas · 1895
- Taylor v. Long Island R. Co.Appellate Division of the Supreme Court of the State of New York · 1899
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