Mackey v. Hallett

Appellate Division of the Supreme Court of New York

Mackey v. Hallett

232 A.D. 824

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

DecidedMarch 15, 1931

StatusPublished

This text of 232 A.D. 824 (Mackey v. Hallett) 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

Mackey v. Hallett, 232 A.D. 824 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order modified so as to direct an alternative order of mandamus and, as so modified, unanimously affirmed, without costs. The record shows an issue of fact as to whether the parties agreed to retry the ease before Justice Woodworth. If this agreement was made the petitioner is not entitled to an order of mandamus. If it be determined that no such agreement was entered into, an order of mandamus may issue, as granted by the Special Term. The court is of opinion that Justice Hallett was without power to set aside the verdict and grant a new trial. Present — Lazansky, P. J., Young, Hagarty, Carswell and Seudder, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order modified so as to direct an alternative order of mandamus and, as so modified, unanimously affirmed, without costs. The record shows an issue of fact as to whether the parties agreed to retry the ease before Justice Woodworth. If this agreement was made the petitioner is not entitled to an order of mandamus. If it be determined that no such agreement was entered into, an order of mandamus may issue, as granted by the Special Term. The court is of opinion that Justice Hallett was without power to set aside the verdict and grant a new trial. Present — Lazansky, P. J., Young, Hagarty, Carswell and Seudder, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

232 A.D. 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackey-v-hallett-nyappdiv-1931.