Hunt v. Church
This text of 73 N.Y. 615 (Hunt v. Church) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Agree to affirm on opinion of Special Term.
All concur.
Judgment affirmed.
A motion was subsequently made for a reargument, on the ground that a point was omitted on the argument which would have been fatal to the judgment, to wit: That the action was against the representatives of a deceased surety upon a joint obligation, and that his estate was not liable. The court denied the motion, on the ground that if a reargument was had it would be upon the original record, in which there was no exception raising the point; and so, it could not be considered.
The case of Risley v. Brown (67 N. Y., 160), distinguished; as there, a motion was made to revive the action against the personal representatives of a deceased defendant, which motion was opposed on the ground presented here, and the question was fairly before the court on the motion.
Motion denied.
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73 N.Y. 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-church-ny-1878.