Greenberg v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of New York

Greenberg v. Brooklyn Heights Railroad

176 A.D. 893

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1916

StatusPublished

This text of 176 A.D. 893 (Greenberg v. Brooklyn Heights Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greenberg v. Brooklyn Heights Railroad, 176 A.D. 893 (N.Y. Ct. App. 1916).

Pincite

Opinion

The act of the County Court in withdrawing a juror cannot be changed or remedied, although what was said in the opening was a part of the history of the event, and, perchance, an inducement to the controversy. When a court is impotent to remedy, its decision is objectless. This appeal is not such as section 1343 of the Code of Civil Procedure gives us jurisdiction of. It remains, then, only to dismiss the appeal. Appeal dismissed, without costs. Jenks, P. J., Thomas, Carr, Mills and Putnam, JJ., concurred.

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The act of the County Court in withdrawing a juror cannot be changed or remedied, although what was said in the opening was a part of the history of the event, and, perchance, an inducement to the controversy. When a court is impotent to remedy, its decision is objectless. This appeal is not such as section 1343 of the Code of Civil Procedure gives us jurisdiction of. It remains, then, only to dismiss the appeal. Appeal dismissed, without costs. Jenks, P. J., Thomas, Carr, Mills and Putnam, JJ., concurred.

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Bluebook (online)

176 A.D. 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenberg-v-brooklyn-heights-railroad-nyappdiv-1916.