Pumpelly v. Village of Owego
New York Supreme Court
Motion by defendant to dismiss an appeal from an order made at a special term denying plaintiffs’ motion for a new trial on a case. After the order was made denying a new trial, the defendant entered a judgment on the verdict for costs against the plaintiffs. The defendant’s counsel claimed that the plaintiffs should have appealed from the judgment, and could not appeal from the order refusing a new trial after the entry of the judgment.
1Opinion of the Court
By the Court.
An appeal lies to the general term from an order made at a special term, “ when it grants or refuses a new trial.” (Code, § 349, sub. 2.) The order in this case refusing a new trial, was regularly made before the judgment was entered; and we think an appeal lies from the order to the general term, notwithstanding the entry of the judgment before the same was taken. (See 19 How. Pr. R., 515.) The case of Jackson agt. Fassett, (33 Barb., 645,) and others like it, only show that a motion for a new trial on a case cannot be made at a special term after judgment has been entered…
2Cases cited1 opinion
- Jackson v. FassittNew York Supreme Court · 1861
3Cited by4 opinions
- Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Voisin v. Commercial Mutual InsuranceNew York Supreme Court · 1890
- Lane v. BaileyNew York Supreme Court · 1865
- Stilwell v. StaplesThe Superior Court of New York City · 1866