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Atkinson v. Rochester Printing Co.

21 N.Y. St. Rep. 932 Court N.Y. Decision date 1889-03-12 English

Contents

Majority

p. 932
Hobart S. Atkinson, as Receiver, etc., Resp’t, v. The Rochester Printing Company, App’lt.[1]
(Court of Appeals,
Filed March 12, 1889.)

Headnote

Court of appeals—Removal of case from second division. ,
It is not a sufficient reason for moving a case from the court of appeals,, second division, into the court of appeals, that one or even two of the-judges of that court are disqualified from sitting upon the arguments of the case there.
Motion to transfer case from calendar of the court of appeals, second division, to the calendar of the court of appeals.
J. & Q. Van Voorhis, for app’lt; resp’t.

It is not a sufficient reason for moving a. case from the court of appeals, second division, into this-

p. 933
court, that one or even two of the judges of that court are disqualified from sitting upon the argument of the case there.

This motion, should, therefore, be denied.

All concur.