Mithell v. Allen
This text of 12 Wend. 290 (Mithell v. Allen) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the Court,
The motion cannot be heard. It is the settled practice that a motion cannot be renewed without leave of the court. The case of Standard v. Williams decides nothing to the contrary of such practice it is there said, the party may apply to the court, upon notice to vacate the rule denying his motion. So he may: but not without leave of the court previously obtained, which is all ways granted, if, in the circumstances of the opposition, there is any thing to excite suspicion of unfairness, or a belief that the party moving is taken by surprise. Indeed it is not unusual for the court, without application, to-annex such leave to. a denial of a motion.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
12 Wend. 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mithell-v-allen-nysupct-1835.