Zelinka v. Krauskopf

The plaintiff’s complaint was dismissed by one of the trial justices of this court, and feeling aggrieved at this result, the plaintiff now moves for a new trial at special term. Such a motion can be there heard only upon a case made and settled (Code, §§ 265, 268), which means a case made and settled according to the general rules of the supreme court, and the special rules of the court in which the action was *90tried. Supreme court rule 44 provides that “No case or exceptions to be annexed to the judgment roll, shall hereafter be tiled by the clerk of the court, unless the same is so ordered…