Mori v. Pearsall

Decided October 15, 1895

City of New York Municipal Court · decided 1895-10-15

<p>A judge is not disqualified from taking part in the determination of an appeal from an order by the fact that such order was signed by him, where it was entered upon the decision of another judge and the signing was merely pro forma.</p> <p>An order for a bill of particulars should not be granted on the affidavit of the attorney.</p>

Decided 1895-10-15

McCarthy, J.

¶1Although the order from which this appeal is taken was signed by me, it is, however, an appeal from a decision rendered by Justice Fitzsimons.

¶2The signing of the order by me was merely proforma and unnecessary, and, therefore, does not disqualify me "from hearing and determining'this appeal.

¶3This order must be reversed on the opinion of Newburger, J., in Groff, as Assignee, v. Hagan, 13 Misc. Rep. 322.

¶4Order is, therefore, reversed, with costs and disbursements, and motion is denied, with leave to renew on proper papers.

¶5Van Wyck, Ch. J., concurs.

¶6Order reversed, with costs and disbursements, and motion denied, with leaye to renew.