Wright v. . Hunter
New York Court of Appeals
Appeal from order of the General Term of the eighth judicial district, reversing a judgment entered in Cattaraugus county upon the verdict of a jury, and also an order denying defendant’s motion to set aside such verdict, made on the minutes of the court. The facts upon the question decided appear in the opinion of the court. The court is bound to presume judgment was set aside on questions of law only. (E. R. Bank v. Kennedy, 4 Keyes, 279.)
1Opinion of the CourtBatallo, J.
An appeal lies to the General Term of the Supreme Court, on the 1cm, from a judgment entered on the report of referees, or the direction of a single judge, in all cases; and upon the fact, when the trial is by the court or referees. (Code, § 348.)
No appeal on the fact, from the judgment, lies to the General Term, when the trial is by jury.
A party, desiring to obtain a review of the finding of á jury, must make a motion to set aside the verdict on the evidence, and for a new trial, either to the judge at the circuit, on his minutes, pursuant to section 264, or to the court at Special Term,…
2Cases cited3 opinions
- Young v. . DavisNew York Court of Appeals · 1864
- Miller v. . SchuylerNew York Court of Appeals · 1859
- East River Bank v. KennedyNew York Court of Appeals · 1868
3Cited by31 opinions
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Cole v. . MannNew York Court of Appeals · 1875
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
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