In Re the Probate of the Will of Hopkins

New York Court of Appeals

In Re the Probate of the Will of Hopkins

68 N.E. 1118, 176 N.Y. 595, 1903 N.Y. LEXIS 921

CourtNew York Court of Appeals

DecidedNovember 17, 1903

StatusPublished

Cited by3 cases

This text of 68 N.E. 1118 (In Re the Probate of the Will of Hopkins) 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.

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In Re the Probate of the Will of Hopkins, 68 N.E. 1118, 176 N.Y. 595, 1903 N.Y. LEXIS 921 (N.Y. 1903).

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Opinion

Parker, Ch. J.

The motion for reargument must be denied, without costs, on the ground that the question presented is no longer open for discussion in this court. In reported and unreported cases we have often decided — too often to now discuss the question — that since the enactment of the statute, now to be found in section 2588 of the Code, an appellate court must “ make an order directing the trial by a jury of the material questions of fact arising upon the issues between the parties ” where the reversal or modification of a decree by the appellate court is founded upon a question of fact, and that the appellate court may do it in any other case where, in its opinion, it would seem that the ends of justice might be best promoted by such a course.

O’Brien, Bartlett, Haight, Vann, Cullen and Werner, JJ., concur.

Motion denied, without costs.

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Parker, Ch. J.

The motion for reargument must be denied, without costs, on the ground that the question presented is no longer open for discussion in this court. In reported and unreported cases we have often decided — too often to now discuss the question — that since the enactment of the statute, now to be found in section 2588 of the Code, an appellate court must “ make an order directing the trial by a jury of the material questions of fact arising upon the issues between the parties ” where the reversal or modification of a decree by the appellate court is founded upon a question of fact, and that the appellate court may do it in any other case where, in its opinion, it would seem that the ends of justice might be best promoted by such a course.

O’Brien, Bartlett, Haight, Vann, Cullen and Werner, JJ., concur.

Motion denied, without costs.

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68 N.E. 1118, 176 N.Y. 595, 1903 N.Y. LEXIS 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-hopkins-ny-1903.

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