Arkush v. Hanan
New York Supreme Court
Appeal from circuit court, New York county. Action by Samuel I. Arkush against James Hanan and another. .From an. order denying their motion for a new trial, and from an order directing that certain amendments, (which were disallowed,) together with an explanatory memorandum, and certain affidavits used in connection therewith, to be filed, added to the case, and printed with it, defendants appeal.
1Opinion of the CourtBarrett, J.
The order last referred to in the above statement should be reversed, and the entire supplement to the case, directed by this order to be printed, should be expunged from the record. With the disallowance of the proposed amendments, the controversy with regard to their subject-matter was ended. The appellate court has nothing to do with the reasons which actuate a judge in his allowance or disallowance of amendments to a proposed case, and such reasons cannot be considered upon the merits of an appeal from the judgment. As to the affidavits of the attorneys, they simply incumber the record.…
2Cited by4 opinions
- Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
- Nagel v. KrausCourt of Appeals for the Second Circuit · 1921
- Getty v. Roger Williams Silver Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Hutchinson v. WashburnAppellate Division of the Supreme Court of the State of New York · 1903