Ropes v. Arnold

A motion of a precisely similar character to the one now presented was made to the General Term when the case came up for argument in its regular order upon the calendar, and this court then held that it could not with propriety insert exceptions in a case upon its coming before it for argument, but that the case must be settled by the judge who tried the same and be by him ordered on file, and that this function, which by the General Rules of Practice was confided to the judge who tried the case, ought not to he performed by the General Term. No request to postpone was made by the appellant in order that he might make an application to the judge who tried the case,"out the appeal was argued, and after its decision by the General Term this application is renewed. We think it is apparent that for the reason stated upon the previous application, it must now he denied. Motion denied, with ten dollars costs.

Present— Van Brunt, P. J., Follett and Parker, JJ.