Fearing v. Irwin
This text of 5 Daly 383 (Fearing v. Irwin) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We consider it exceedingly doubtful whether the court has any power to grant such an application as this. Our jurisdiction is founded upon a case containing facts which the parties have agreed upon, and submitted without action ; and what we are asked to do is to amend the case by striking out a part of it against the will of the plaintiffs. But whether we have any such power or not, this is not a case where there has been any fraud, or any mutual misconception or mistake. The motion is, therefore, denied.
Present—Daly, Ob. J., and Robinson and J. F. Daly, JJ.
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5 Daly 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fearing-v-irwin-nyctcompl-1874.