Cahaney v. O'Brien

This is in effect a motion for a new trial before the justice; but it has been held that it is necessary in a case like this to take a formal appeal, and that a return be made. (Kellock v. Dickinson, 5 App. Div. 515.)

If we were under the old Code of Civil Procedure, the case would be comparatively simple and clear, as section 3064 provided clearly for just this sort of a case; it provided also that affidavits might be used to show that “ manifest injustice has been done.” Many *801decisions were made under that section, some of which are more or less directly in point here, as, for instance,…