Russell v. . Randall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 25, 1890, as amended by order of said court, made the first Tuesday of June, 1890, which reversed an order of Special Term vacating a judgment in favor of defendant and granting a new trial. The facts, so far as material to the question discussed, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made March 25, 1890, as amended by order of said court, made the first Tuesday of June, 1890, which reversed an order of Special Term vacating a judgment in favor of defendant and granting a new trial. The facts, so far as material to the question discussed, are stated in the opinion. The object and the only object of a “ case ” on a motion of this character is to show what did appear' on the trial, so that it may readily appear that the proposed new evidence is not cumulative. (Markwold v. N. Co., 8…
1Opinion of the Court
Ruger, Ch. J.
This appeal is taken from an order of the General Term reversing an order of the Special Term vacating a judgment and granting a new trial upon the ground of newly-discovered evidence. The decision of the General Term is stated to have been based upon a question of law, and it so appears from the order of that court reversing the order of the Special Term.
The reversal proceeded upon the ground that the Special Term had no power to make an order for a new trial for newly-discovered evidence except upon a motion founded upon a case, and section 997 of the Code of Oivil Procedure is…
2Cases cited1 opinion
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
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- In re the Estate of GilfordNew York Surrogate's Court · 1935
- Davis v. Grand Rapids Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Bantheon v. MeierNew York Supreme Court · 1894
- Sachs v. BlumAppellate Division of the Supreme Court of the State of New York · 1934
- In re the Judicial Settlement of Accounts of RoseAppellate Division of the Supreme Court of the State of New York · 1912
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