Hydraulic Power Co. v. Pettebone-Cataract Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pettebone-Cataract Paper Company, in the first action, and by the defendant, Cataract City Milling Company, in the second action, from orders of the Supreme Court, entered in the office of the clerk of the county of Niagara on the 21st day of October, 1920, denying defendants’ motions for orders directing that the proposed findings of fact and conclusions of law annexed to said motions be acted upon by Mr. Justice Wheeler, and that when so acted upon…
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Appeal by the defendant, Pettebone-Cataract Paper Company, in the first action, and by the defendant, Cataract City Milling Company, in the second action, from orders of the Supreme Court, entered in the office of the clerk of the county of Niagara on the 21st day of October, 1920, denying defendants’ motions for orders directing that the proposed findings of fact and conclusions of law annexed to said motions be acted upon by Mr. Justice Wheeler, and that when so acted upon the same be made a part of the record in the actions.
1Opinion of the Court
Kruse, P. J.:
After the trial judge had made his decision in writing the defendants requested him to make additional findings of fact and rule upon questions of law, which the judge declined to do. Thereupon a motion was made at Special Term to have that done. The motion came on for hearing before a judge other than the one who decided the case and it was transferred to a Special Term, at which the trial judge presided. The motion was denied upon the ground that the trial judge was then without authority to pass upon the requests, and also in the exercise of judicial discretion if such power…
2Cases cited5 opinions
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Gormerly v. . McGlynnNew York Court of Appeals · 1881
- Chester v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1906
- Dann v. PalmerAppellate Division of the Supreme Court of the State of New York · 1912
- Dann v. . PalmerNew York Court of Appeals · 1912
3Cited by16 opinions
- Miltenberg & Samton, Inc. v. FalkinghamAppellate Division of the Supreme Court of the State of New York · 1948
- Royal Baking Powder Co. v. HesseyCourt of Appeals for the Fourth Circuit · 1935
- Mastrobuono v. LangeAppellate Division of the Supreme Court of the State of New York · 1934
- Saleh v. KarpAppellate Division of the Supreme Court of the State of New York · 1961
- Gianna v. JaegerAppellate Division of the Supreme Court of the State of New York · 1954
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