 | New York (State). Court of Common Pleas (City and County of New York) - 1876 - 624 pages
...papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court; or that the decision...decision to which the attention of the court was not drawn, through the neglect or inadTertence of counsel " ( Mount v. MitchcU, 32 NY 702). Curley v. Tomlinson.... | |
 | Nathan Howard (Jr.) - 1876 - 650 pages
...clearly showing either that some question, decisive of the case and duly submitted by counsel, has been overlooked by the court, or that the decision is in conflict with an express statute or a controlling decision overlooked by the court, or to which its attention was not drawn, through the... | |
 | Charles Patrick Daly - 1879 - 648 pages
...been overlooked by the court, or where the decision made is in conflict with an express statute or a controlling decision, to which the attention of the court was not called by counsel. Banks v. Carter, 421 4. By the provisions of section 1316 of the (new) Code of Civil Procedure,... | |
 | New York (State)., Marcus Tullius Hun - 1881 - 328 pages
...clearly showing either that some question decisive of the case, and "duly submitted by counsel, <** has been overlooked by the court, or that the decision is in conflict with an. express statute or a controlling decision overlooked by the court, or to which its attention was not drawn, through the... | |
 | New York (State) - 1881 - 178 pages
...papers clearly showing either that some question decisive of the case and duly submitted by counsel, has been overlooked by the court, or that the decision is in conflict with an express statute or a controlling decision overlooked by the court, or to which its attention was not drawn, through the... | |
 | Theodore Frelinghuysen Cornell Demarest - 1883 - 698 pages
...papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court; or that the decision...decision, to which the attention of the court was not drawn, through the neglect or inadvertence of counsel." The rule thus promulgated has since been substantially... | |
 | 1895 - 1148 pages
...be made to appear that some question decisive of the cause which was duly submitted by counsel has been overlooked by the court, or that the decision is in conflict with some expressed statute or controlling decision, to which the attention of the court was not called... | |
 | 1891 - 1156 pages
...the motion papers show that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court, or that the decision is in conflict with the statute, or a controlling decision, to which the attention of the court was not called, through... | |
 | 1887 - 1070 pages
...papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court, or that the decision...to which the attention of the court was not called, through the neglect or inadvertence of counsel; and the question so submitted by counsel, and overlooked... | |
 | 1909 - 1320 pages
...papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court, or that the decision...an express statute, or with a controlling decision of the Supreme Court, or with a decision of one of the other Courts of Appeals ; and the question so... | |
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... must be founded on papers showing clearly that some question decisive of the case, and duly submitted by counsel, has been overlooked by the court... 
