Appellate Division of the Supreme Court of New York, 1916

Greenberg v. Brooklyn Heights Railroad

Greenberg v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of New York · Decided December 15, 1916
176 A.D. 893
Greenberg v. Brooklyn Heights Railroad

Opinion of the Court

The act of the County Court in withdrawing a juror cannot be changed or remedied, although what was said in the opening was a part of the history of the event, and, perchance, an inducement to the controversy. When a court is impotent to remedy, its decision is objectless. This appeal is not such as section 1343 of the Code of Civil Procedure gives us jurisdiction of. It remains, then, only to dismiss the appeal. Appeal dismissed, without costs. Jenks, P. J., Thomas, Carr, Mills and Putnam, JJ., concurred.

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