Majority
p. 280Edward Kelly, App’lt, v. Josiah Partridge, Resp’t. (New York Common Pleas, General Term, Filed December 4, 1893.)
Headnote
Appeal—be-argument.A motion for a re-argument will be denied, where no material fact of the case has been overlooked or misapprehended, and the decision stands well upon reason and authority. -
Motion for re-argument or leave to go to court of appeals.
Edward S. Johnson, for motion ; George Wilcox, contra.
After-examination of the brief for a re-argument or leave to appeal farther, we are still of the opinion that no material fact of the case- has been overlooked or misapprehended, and that the decision stands well upon reason and sobri
p. 281
ety. It is quite obvious that the moving papers fail to comply with the requirements of Rule 16.
Keither the magnitude of the interests nor the importance of the legal questions involved, is such as to justify recourse to the court of appeals.
Motion denied, with costs.