Plunkett v. Appleton

Upon the argument of this motion I was disposed to direct that it be brought on before the judge who tried the cause, upon his minutes of trial or on a case regularly made and settled by him. In Nesmith agt. Clinton Fire Insurance Company (8 Abb. Pr. R., 141) this course was suggested as proper, and the hearing of like motions before a different judge from the one who tried the cause was declared to be “ a practice to be discouraged.” But in this case, as in that, the material facts appear not less fully in the affidavits submitted than they would in a case, and they are substantially…