Dillaye v. Blair
New York Court of Appeals
The bill was filed in the supreme court in equity to foreclose a mortgage. The cause was heard before Justice Pratt, holding a special term, and a decree made by him in favor of the plaintiff. The defendant applied in due form under the judiciary act of 1847, to the general term of the supreme court, for a rehearing; and that court in May, 1848, refused the application. The order denying the motion expressed, on its face, that the merits of the case had been considered.
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The bill was filed in the supreme court in equity to foreclose a mortgage. The cause was heard before Justice Pratt, holding a special term, and a decree made by him in favor of the plaintiff. The defendant applied in due form under the judiciary act of 1847, to the general term of the supreme court, for a rehearing; and that court in May, 1848, refused the application. The order denying the motion expressed, on its face, that the merits of the case had been considered. The defendant appealed to this court. for the appellant, insisted that a reheating was a matter of right. (Gracie v.…
1Opinion of the Court
The Court were of opinion that the order was erroneous, and thereupon the same was reversed.1
A special motion cannot be renewed, upon the same, or substantially the same facts, without leave of court. Hale v. Emmons, 39 How. Pr. 187; s. c. 2 Alb. L. J. 355. Snyder v. White, 6 How. Pr. 321. Smith v. Spalding, 3 Rob. 615; s. c. 30 How. Pr. 339. Bellinger v. Martindale, 8 Ibid. 113. Mills v. Thursby, 11 Ibid. 114. Dunn v. Meserole, 5 Daly 434. Wentworth v. Wentworth, 51 How. Pr. 289. Shultze v. Rodewald, 1 Abb. N. C. 365. Otherwise, if based upon a new state of facts. Belmont v. Erie Railway…
2Cases cited7 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Snyder v. WhiteNew York Supreme Court · 1851
- Schultze v. RodewaldNew York Supreme Court · 1876
- Smith v. SpaldingThe Superior Court of New York City · 1864
- Hall v. EmmonsThe Superior Court of New York City · 1870
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