Collis v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Press Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of December, 1900, upon' the verdict of a jury for $25,000, and also from an order entered in said clerk’s office on the 3d day of December, 1900, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s' office on the 12th…
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Appeal by the defendant, The Press Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of December, 1900, upon' the verdict of a jury for $25,000, and also from an order entered in said clerk’s office on the 3d day of December, 1900, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s' office on the 12th day of December, 1900, nuno pro timo as of the 22d day of November, 1900, and entered in said clerk’s office oil the 13th…
1Opinion of the Court
O’Brien, J.:
It would serve no useful purpose and would, unnecessarily, extend the opinion were we to set forth the entire libel, or state all the exceptions upon which the defendant relies for a reversal of the judgment; and, therefore, we shall merely give our conclusions upon what we consider the controlling features presented by the voluminous record.
With regard to sending the case to Part X, we think the judge calling the calendar did not exceed his powers, it being entirely optional with him as to which of the vacant parts he would send the case to be tried. In the exercise of this…
2Cases cited11 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Lewis and Herrick v. . ChapmanNew York Court of Appeals · 1857
- Hunt v. . BennettNew York Court of Appeals · 1859
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Hatfield v. . LasherNew York Court of Appeals · 1880
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3Cited by4 opinions
- Cafferty v. . Southern Tier Publishing Co.New York Court of Appeals · 1919
- Osterheld v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Varvaro v. American Agriculturist, Inc.Appellate Division of the Supreme Court of the State of New York · 1927