Worman v. Frankish

City of New York Municipal Court

Worman v. Frankish

11 N.Y.S. 351, 32 N.Y. St. Rep. 235, 1890 N.Y. Misc. LEXIS 740

DecidedJune 9, 1890

StatusPublished

This text of 11 N.Y.S. 351 (Worman v. Frankish) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Worman v. Frankish, 11 N.Y.S. 351, 32 N.Y. St. Rep. 235, 1890 N.Y. Misc. LEXIS 740 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Per Curiam.

The point upon which the order requiring security for costs was vacated, was that the matter had been theretofore decided by Mr. Justice Van Wyck adversely to the defendants. This decision was on the merits, and after a full hearing. True, the new application was on additional proofs, _ but the ground of the application was the same, viz., the non-residence of the plaintiff. The defendants ought to have applied to Justice Van Wyck for leave to renew the motion. To allow motions to be reheard without permission might lead to uncertainty and to conflict of decision, results which should not be encouraged. Upon the entire record and on the theory of res adjudieata, and without expressing any opinion on the facts now disclosed, we have concluded to affirm the order appealed from, without costs. All concur.

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

Per Curiam.

The point upon which the order requiring security for costs was vacated, was that the matter had been theretofore decided by Mr. Justice Van Wyck adversely to the defendants. This decision was on the merits, and after a full hearing. True, the new application was on additional proofs, _ but the ground of the application was the same, viz., the non-residence of the plaintiff. The defendants ought to have applied to Justice Van Wyck for leave to renew the motion. To allow motions to be reheard without permission might lead to uncertainty and to conflict of decision, results which should not be encouraged. Upon the entire record and on the theory of res adjudieata, and without expressing any opinion on the facts now disclosed, we have concluded to affirm the order appealed from, without costs. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

11 N.Y.S. 351, 32 N.Y. St. Rep. 235, 1890 N.Y. Misc. LEXIS 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worman-v-frankish-nynyccityct-1890.