Ellison v. Jones
New York Supreme Court
Appeal from Cortland county court. . Action by George E. Ellison against John W. Jones to recover for services rendered. When the verdict for plaintiff for $64.54 was delivered, the plaintiff’s attorneys stipulated that the sum of $4.54 be deduced therefrom. The deduction was made. Thereupon defendant’s counsel stated: “We desire to make a formal motion in behalf of defendant for a new trial upon the minutes. The Court. Denied.
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Appeal from Cortland county court. . Action by George E. Ellison against John W. Jones to recover for services rendered. When the verdict for plaintiff for $64.54 was delivered, the plaintiff’s attorneys stipulated that the sum of $4.54 be deduced therefrom. The deduction was made. Thereupon defendant’s counsel stated: “We desire to make a formal motion in behalf of defendant for a new trial upon the minutes. The Court. Denied. (Exception taken by defendant’s counsel.”) The case also states:- “A motion was here made by W. 0. Grom hie, of counsel for defendant, for a new trial on the minutes,…
1Opinion of the CourtHardin, P. J.
According to the well-settled practice of this court the appellant is not entitled to review the order refusing a new trial on the minutes, and neither the motion nor the order specifies any grounds upon which the motion is made. Hinman v. Stillwell, 34 Hun, 178. The appeal from the order must therefore be dismissed.
2. Upon the evidence it is clear that the plaintiff and his wife entered into the service of the defendant in April, 1889, and continued until the 6th of June of that year, at the instance and request of the defendant. Plaintiff’s complaint alleges the value of the services…
2Cases cited3 opinions
- Ladue v. SeymourNew York Supreme Court · 1840
- Monell v. BurnsNew York Supreme Court · 1847
- Gates v. DavenportNew York Supreme Court · 1859
3Cited by1 opinion
- Jackson v. New York Post-Graduate Medical School & HospitalNew York Court of Common Pleas · 1893