Herzig v. Metzger

New York Marine Court

Herzig v. Metzger

62 How. Pr. 355

DecidedNovember 15, 1881

StatusPublished

This text of 62 How. Pr. 355 (Herzig v. Metzger) is published on Counsel Stack Legal Research, covering New York Marine Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herzig v. Metzger, 62 How. Pr. 355 (N.Y. Super. Ct. 1881).

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Opinion

Shea, Ch. J.

— The order appealed from is one which rests in the judicial discretion of the judge who made it; and we cannot declare, after a consideration of the record, that his discretion was not very properly exercised in the case presented to him. It was clearly within his power to reconsider his previous decision on the motion for a new ferial, as announced inadvertently.

-• The order appealed from is affirmed, with costs to respondent.

Eehbbas, J., concurs.

Note.— There is no appeal to the court of common pleas from this decision allowed hy the Code.— [Ed.

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Shea, Ch. J.

— The order appealed from is one which rests in the judicial discretion of the judge who made it; and we cannot declare, after a consideration of the record, that his discretion was not very properly exercised in the case presented to him. It was clearly within his power to reconsider his previous decision on the motion for a new ferial, as announced inadvertently.

-• The order appealed from is affirmed, with costs to respondent.

Eehbbas, J., concurs.

Note.— There is no appeal to the court of common pleas from this decision allowed hy the Code.— [Ed.

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Bluebook (online)

62 How. Pr. 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herzig-v-metzger-nymarct-1881.