Terriberry v. Mathot
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant-,-Louis Mathot, from so much of an order of the Supreme Court, made 'at the New York Trial Term and entered in the office of the clerk of the county of New^ York on the 4th day of October, .1905, as imposes the payment of costs as a condition for the granting of a new trial.
1Opinion of the Court
McLaughlin, J.:
1 This appeal is from so much 'of an order granting a new trial as imposed the payment' of costs and disbursements of the action as a . condition thereof. •
The action was tried before a justice of this court and the plains tiff had a verdict for $420 with interest: When the jury came in. with its v.erd-ict the _trial justice was absent and the verdict was received by another justice of this court, who discharged the'jury apd. directed that, all motions be heard'by the trial justice. Subsequently the defendant moved before the trial justice that the trial be declared a…
2Cases cited2 opinions
- Dubuc v. . Lazell, Dalley Co.New York Court of Appeals · 1905
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Fallon v. CrocicchiaAppellate Terms of the Supreme Court of New York · 1907
- Covaleski v. ThomasAppellate Division of the Supreme Court of the State of New York · 1930
- Terriberry v. MathotAppellate Division of the Supreme Court of the State of New York · 1906