Legal Opinion

Wright v. . Wright

New York Court of Appeals

Decided March 18, 1919PublishedCited by 11 opinions

Motion for re-argument. (See 225 N. Y. 329.)

1Per curiam

A motion for re-argument is made in this case upon the ground that the appellant was defeated in this court upon a question which was not argued in the courts below. In attempted support of the motion appellant correctly states certain principles applicable to the consideration of appeals. It is accurate in asserting that as general rule a party who has obtained a judgment will not be allowed in this court to sustain that judgment upon grounds which were not considered in the courts below. It is also true that a respondent will not be permitted to sustain a ruling in its favor upon some…

2Cases cited3 opinions

  1. People v. . BradnerNew York Court of Appeals · 1887
  2. Murdock v. WardSupreme Court of the United States · 1900
  3. Cook v. . WhippleNew York Court of Appeals · 1873

3Cited by11 opinions

  1. Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
  2. Telaro v. TelaroNew York Court of Appeals · 1969
  3. Persky v. Bank of America National Ass'nNew York Court of Appeals · 1933
  4. American Industrial Contracting Co. v. Travelers Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1976
  5. Poulos v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1978

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