Appellate Division of the Supreme Court of New York, 1905

Risley v. Harlow

Risley v. Harlow
Appellate Division of the Supreme Court of New York · Decided October 20, 1905
95 N.Y.S. 1156 (New York Supplement)
Risley v. Harlow

Opinion of the Court

PER CURIAM.

Order reversed, with $10ā€˜ costs and disbursements, and motion to vacate previous order for open commission denied, with $10 costs, without prejudice to the right of the-plaintiff to make such further application as-he may be advised. Held, that the county judge-did not have power to make an order vacating-his prior order.

SPRING and HISCOCK, JJā€ž dissent from the decision that the county judge did not have-power to make the order vacating his prior-order, and vote for modifying the order appealed from in accordance with the decision of this-court upon the former appeal, and for affirming: the same as so modified.

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