Rose v. Hawley

New York Supreme Court

Rose v. Hawley

15 N.Y.S. 969, 39 N.Y. St. Rep. 985, 1891 N.Y. Misc. LEXIS 231

DecidedJuly 2, 1891

StatusPublished

This text of 15 N.Y.S. 969 (Rose v. Hawley) 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

Rose v. Hawley, 15 N.Y.S. 969, 39 N.Y. St. Rep. 985, 1891 N.Y. Misc. LEXIS 231 (N.Y. Super. Ct. 1891).

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Opinion

Dykman, J.

We cannot see that the statement of facts in the ninth paragraph of the complaint makes a new case. All decisions are based upon some reason, and frequently the difficulty which caused the defeat might liave been obviated, if suggested, but such oversight does not deprive the decision of finality; so we conclude that the decision of the court of appeals (23 N. E. Rep. 904) in the former action is conclusive, and that the judgment must be affirmed, with costs.

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Dykman, J.

We cannot see that the statement of facts in the ninth paragraph of the complaint makes a new case. All decisions are based upon some reason, and frequently the difficulty which caused the defeat might liave been obviated, if suggested, but such oversight does not deprive the decision of finality; so we conclude that the decision of the court of appeals (23 N. E. Rep. 904) in the former action is conclusive, and that the judgment must be affirmed, with costs.

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Bluebook (online)

15 N.Y.S. 969, 39 N.Y. St. Rep. 985, 1891 N.Y. Misc. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-v-hawley-nysupct-1891.