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68 Misc. 2d 679

Citation
68 Misc. 2d 679
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Effective Date
1971-12-08

Full Text

569 chars
In Kelley v. Aarons (238 F. 996, affd. 215 U. S. 116) the District Court, in regretting its lack of jurisdiction in the matter at hand, said (at p. 998): “However, it is the province of this court to declare, not what the law ought to be, but what it is, as it is laid down by legislative and judicial authority. As concerns a judge, at least, neither learning nor lapse of time has sufficed to weaken Aristotle’s benign admonition: 1 To seek to be wiser than the laws is the very thing which is by good laws forbidden. ’ ’ ’
Motion to dismiss the complaint is granted.