Keeffe v. Third National Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 28, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 28, 1903, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was to set aside and vacate a judgment recovered in March, 1900, wherein the defendant, the Third National Bank, was plaintiff, and the plaintiffs in this action, with others, were defendants, entered upon a decision rendered by Mr. Justice Hiscock, after a trial before him at Special Term. In March, 1891, the Third National Bank…
1Opinion of the CourtMartin, J.
The only question presented upon this appeal Is whether the trial justice was disqualified to hear and determine the case resulting in the judgment which this action was brought to vacate and set aside. The appellants’ claim that ■he was thus disqualified is based solely upon the provisions of section 46 of the Code of Civil Procedure, which forbids a judge to sit or take part in the decision of “ a cause or matter ” in which he has been attorney or counsel.
The first question arises as to the meaning which should be given to the words “ cause or matter,” as used in that section. When we…
2Cited by6 opinions
- Title Guaranty & Surety Co. v. SlinkerSupreme Court of Oklahoma · 1912
- Davis v. SeawardNew York Supreme Court · 1914
- In re the Guardianship of HitchcockHawaii Supreme Court · 1911
- Murray v. MurrayAppellate Division of the Supreme Court of the State of New York · 1980
- People ex rel. Kennedy v. GillNew York Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.