Kabe v. The Vessel "Eagle"

Jun 15, 1869
Reporters:
Before:
Paihe
Paihe, J.

This is an appeal from an order refusing to grant a motion to set ‍​‌‌‌‌​‌​​​​​​​‌‌​‌​​​‌‌​‌‌​‌‌​​​​​​​‌‌​​‌‌‌​​‌‌‌​‌​​‌​​‌​​‌​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​​​‌​​‌​​​‌​​‌​​‍aside the judgmefit. It appears from the return that’ a former motion had been made to set aside the verdict and judgment, which had also been denied. Both were founded ‍​‌‌‌‌​‌​​​​​​​‌‌​‌​​​‌‌​‌‌​‌‌​​​​​​​‌‌​​‌‌‌​​‌‌‌​‌​​‌​​‌​​‌​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​​​‌​​‌​​​‌​​‌​​‍upon the records and files in the case.

*109Without regard to the merits, the order appealed from seems to have been proper, upon the ground that the motion was ‍​‌‌‌‌​‌​​​​​​​‌‌​‌​​​‌‌​‌‌​‌‌​​​​​​​‌‌​​‌‌‌​​‌‌‌​‌​​‌​​‌​​‌​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​​​‌​​‌​​​‌​​‌​​‍barred by the former motion and the decision thereon. The first order was not made without prejudice to a new motion, nor was there any leave obtained to ‍​‌‌‌‌​‌​​​​​​​‌‌​‌​​​‌‌​‌‌​‌‌​​​​​​​‌‌​​‌‌‌​​‌‌‌​‌​​‌​​‌​​‌​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​​​‌​​‌​​​‌​​‌​​‍renew the motion. The authorities cited by the respondent fully show, that, in such a case, a second motion is properly denied, for the mere reason that it ‍​‌‌‌‌​‌​​​​​​​‌‌​‌​​​‌‌​‌‌​‌‌​​​​​​​‌‌​​‌‌‌​​‌‌‌​‌​​‌​​‌​​‌​‌‌​‌‌​‌‌‌​​​‌‌​‌​​‌‌​​​‌​​‌​​​‌​​‌​​‍is barred by the decision on the first.

By the Qourt. —The order is affirmed, with costs.