People ex rel. Follett v. Water Works Co.

New York Supreme Court

People ex rel. Follett v. Water Works Co.

124 Misc. 23, 207 N.Y.S. 215, 1924 N.Y. Misc. LEXIS 1054

CourtNew York Supreme Court

DecidedNovember 26, 1924

StatusPublished

Cited by1 cases

This text of 124 Misc. 23 (People ex rel. Follett v. Water Works Co.) 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.

Bluebook

People ex rel. Follett v. Water Works Co., 124 Misc. 23, 207 N.Y.S. 215, 1924 N.Y. Misc. LEXIS 1054 (N.Y. Super. Ct. 1924).

Pincite

Opinion

Thompson, J.:

In this case in which the court has handed down its decision and opinion in writing, it is sought to have the order recite that the decision was reached as matter of law and not in the exercise of the discretion of the court. Such an order cannot be signed. The court speaks by its order. (29 Cyc. 1521.)

An order cannot be qualified in its operation and effect by reference to the opinion. (Fisher v. Gould, 81 N. Y. 228, 230.)

.The order itself can only be referred to for the grounds, which cannot be qualified by the opinion. (1 Rumsey Pr. [2d ed.] 276.)

Ordered accordingly.

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