Birge v. Berlin Iron Bridge Co.

New York Supreme Court

Birge v. Berlin Iron Bridge Co.

17 N.Y.S. 946, 43 N.Y. St. Rep. 967, 63 Hun 629, 1892 N.Y. Misc. LEXIS 598

DecidedFebruary 12, 1892

StatusPublished

This text of 17 N.Y.S. 946 (Birge v. Berlin Iron Bridge Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Birge v. Berlin Iron Bridge Co., 17 N.Y.S. 946, 43 N.Y. St. Rep. 967, 63 Hun 629, 1892 N.Y. Misc. LEXIS 598 (N.Y. Super. Ct. 1892).

Pincite

Opinion

Mayham, J.

I see no beneficial purpose that can be attained by a reargument of this case at general term of this court. The questions of law were fully considered on the hearing before this court, and a conclusion reached by a majority of the court, which, on a reargument, would in all probability be adhered to, especially as the court is not now constituted as it was at the time of the former argument and decision. Nor do I think any time or expense would be saved by such reargument, as the questions involved will not probably be satisfactorily settled, except upon the decision of the court of appeals. I think, therefore, that the motion for reargument should be denied.

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Mayham, J.

I see no beneficial purpose that can be attained by a reargument of this case at general term of this court. The questions of law were fully considered on the hearing before this court, and a conclusion reached by a majority of the court, which, on a reargument, would in all probability be adhered to, especially as the court is not now constituted as it was at the time of the former argument and decision. Nor do I think any time or expense would be saved by such reargument, as the questions involved will not probably be satisfactorily settled, except upon the decision of the court of appeals. I think, therefore, that the motion for reargument should be denied.

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Bluebook (online)

17 N.Y.S. 946, 43 N.Y. St. Rep. 967, 63 Hun 629, 1892 N.Y. Misc. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birge-v-berlin-iron-bridge-co-nysupct-1892.