Hyperlawhypertext legal database Hyatt v. Dale Manufacturing Co. 50 N.Y. Super. Ct. 526

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Hyatt v. Dale Manufacturing Co.

50 N.Y. Super. Ct. 526 18 Jones & S. 526 Court N.Y. Super. Ct. Decision date 1884-02-04 English

Delivered by O’ Gorman, J.

Contents

Majority

p. 526
Elizabeth A. L. Hyatt, respondent, v. Dale Manufacturing Co., appellant.
Decided February 4, 1884.

Headnote

Appeal from order of special term, denying motion on the part of the defendants,, made on December 21, 1883, for leave to renew a motion to send this case back to a referee, and that said referee be required. to correct his minutes, so that the same shall show the fact of the surrender of a license by the defendants during the trial and whether or no such license was surrendered.
Geo. W. Van Slyck, for respondent ;
E. D. McCarthy, for appellant.

It was a matter in the discretion of the judge below, to hear a motion which had already been heard and denied by another judge at special term. It was within his discretion to grant or to deny it; and from the exercise of that discretion, u'nless it be manifestly abused, an appeal to this court will not be sustained. Sedgwick, Ch. J., concurred. Order affirmed, with $10 costs.