Hand v. Shaw
Appellate Division of the Supreme Court of the State of New York
Action by Elwood S, Hand against William A. Shaw and others. Motion for reargument or for leave to appeal to the court of appeals denied. For decision on appeal, see 41 N. Y. Supp. 16. Chas. De Hart Brower, for the motion. D. J. Newland, opposed.
1Per curiam
—The plaintiff has failed to bring himself within the rule permitting a reargument. Hand v. Rogers, 16 Mise. Rep. 864; 38 N. Y. Supp. 2. The point urged now was not raised at the argument, and comes too late. Besides, it is not of sufficient importance to warrant the application. The motion to dismiss the complaint was made substantially upon one ground, viz. the insufficiency pf the evidence to support the cause of action, and, as it was but one motion, required but one ruling by the court; consequently but one exception was needed to review the error, if any, in denying the motion. The case…
2Cases cited4 opinions
- Hand v. RogersAppellate Terms of the Supreme Court of New York · 1896
- Lynch v. SauerAppellate Terms of the Supreme Court of New York · 1896
- Myers v. RosenbackNew York Court of Common Pleas · 1895
- Myers v. RosenbackNew York Court of Common Pleas · 1895