Corning v. . Slosson
New York Court of Appeals
Appeal from the Supreme Court. In March, 1852, the Supreme Court, at general term in the seventh district, affirmed a previous order, made at special term, in regard to the character of which all that is material to state is, that it was made upon a summaiy application in an action after judgment, and affected a substantial right, so as to be the subject of an appeal to this court.
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Appeal from the Supreme Court. In March, 1852, the Supreme Court, at general term in the seventh district, affirmed a previous order, made at special term, in regard to the character of which all that is material to state is, that it was made upon a summaiy application in an action after judgment, and affected a substantial right, so as to be the subject of an appeal to this court. Subsequently, Corning & Homer, the appellants, moved the Supreme Court, at general term in the same district, to set aside its order of affirmance, made in March, 1852, on the ground that the appeal was heard by…
1Opinion of the CourtBowen, J.
The only question before this court is whether the order of March, 1852, is not void for the reason that one of the three judges who composed the court, when the decision embodied in the order was pronounced did not hear the argument of the motion.
It is to be presumed that the two judges who heard the argument, and who were present when the order was entered, concurred in the decision, as the contrary is not shown or pretended; and as they formed a majority of the members of the court, who heard the argument, the decision would have been the same had the other judge who heard the argument…
2Cited by8 opinions
- Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Blanc v. BowmanCalifornia Supreme Court · 1863
- People ex rel. Commissioners of Public Charities & Correction v. DandoNew York Court of Common Pleas · 1886
- People v. CzajowskiNew York Court of Appeals · 1967
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869
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