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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, or that the decision Is in conflict with an express statute, or with a controlling decision... "
Reports of Cases Argued and Determined in the Court of Common Pleas for the ... - Page 281
by New York (State). Court of Common Pleas (City and County of New York) - 1876
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Practice Reports in the Supreme Court and Court of Appeals, Volume 50

Nathan Howard (Jr.) - Civil procedure - 1876 - 650 pages
...1. A motion for reargument will not be entertained, unless founded on papers clearly showing either that some question decisive of the case and duly submitted by counsel, has been overlooked by tue court, or that the decision is in conflict with an express statute or a controlling decision overlooked...
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Rules of All the Courts of Record of the State of New York: With Notes ...

New York (State)., Marcus Tullius Hun - Court rules - 1881 - 328 pages
...made.] Amotionfor a re-argument will not be entertained, unless founded on papers clearly showing either that some question decisive of the case, and "duly...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...
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General Rules of Practice, Supreme Court, with Rules, Court of Appeals and ...

New York (State) - 1881 - 178 pages
...•615. A motion for reargument will not be entertained unless founded on papers clearly showing either that some question decisive of the case and duly submitted...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...
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The Pacific Reporter, Volume 43

Law reports, digests, etc - 1896 - 1212 pages
...counsel, particularly setting forth the grounds j thereof and showing, either that some ques- 1 tion decisive of the case and duly submitted by counsel...decision is in conflict with an express statute or controlling decision to which the attention of the court was not called either in the brief or oral...
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The Pacific Reporter, Volume 58

Law reports, digests, etc - 1899 - 1156 pages
...be by petition signed by counsel, particularly setting forth the grounds thereof, and showing either that some question decisive of the case and duly submitted...been overlooked by the court, or that the decision Js In conflict with an express statute or controlling decision to which the attention of the court...
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The Pacific Reporter, Volume 95

Law reports, digests, etc - 1908 - 1164 pages
...for a rehearing, and show either that some question decisive of the case and duly submitted by the ] S 鼻H\ ah $wF 3 4Yy ;k 1 +9: 8: o -6 c 9 c˫ 搆 C xI> n T Z 5V controlling decision, to which the attention of the court was not called, either In brief or oral argument,...
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The Pacific Reporter, Volume 41

Law reports, digests, etc - 1895 - 1148 pages
...grounds therefor, in which it must 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...
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The Pacific Reporter, Volume 153

Law reports, digests, etc - 1916 - 1240 pages
...Contents of. Motions for re-hearing shall distinctly point out that some question decisive of the cause and duly submitted by counsel has been over-looked by the court, or, that the decision of the court is in conflict with some controlling decision or provision by statute to which thte attention...
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The Northeastern Reporter, Volume 27

Law reports, digests, etc - 1891 - 1156 pages
...motion for reargument in the court of appeals will not be entertained unless the motion papers show that some question decisive of the case, and duly...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...
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The Southwestern Reporter, Volume 121

Law reports, digests, etc - 1909 - 1320 pages
...accompanied by a brief statement of the reasons for a reconsideration of the cause, and must be founded on papers showing clearly that some question decisive...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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