Legal Opinion

Land Brokerage Co. v. Hamilton

Appellate Terms of the Supreme Court of New York

Decided June 16, 1915Published

Action by the Land Brokerage Company against Florence C. Hamilton. There was a judgment for plaintiff, and defendant moved for new trial on exceptions, which were ordered heard in the Appellate Term in the first instance.

1Per curiam

This case does not come before the court upon an appeal, but pursuant to an order of the City Court of the City of New York that defendant’s exceptions be heard here in the first instance before judgment.

The statute which authorizes the hearing of exceptions in an appellate court upon a motion for a new trial applies only to a trial by jury (Code C. P. § 1000), and this case was tried by the court without a jury. Further, it has been held that the Appellate Term has no jurisdiction in a proceeding of this nature. Dickson v. Manhattan R. Co., 45 Misc. Rep. 572, 91 N. Y. Supp. 36.

Proceedings…

2Cases cited1 opinion

  1. Dickson v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1904

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