In re Wyatt
New York Supreme Court
Appeal from special term, New York county. Application of Thomas F. Ryan, as receiver of C. A. Wyatt & Co., for reference of disputed claims. Rawitzer & Bro., whose claims were disallowed, moved for a new trial. From the provision of an order imposing terms on the granting of the motion they appeal.
1Opinion of the CourtBarrett, J.
The motion for a new trial was upon the ground of newly-discovered evidence. One would suppose from the elaborate discussion in the briefs of counsel as to the effect of the newly-discovered evidence that the learned judge at special term had denied the motion. We find, however, that the motion was granted, and that the appellants’ present complaint relates solely to the terms imposed upon them. The appellants seem to- think that their motion should have been- granted unconditionally. The propriety of the terms in detail is not discussed, and their last point is that the order should simply…
2Cases cited2 opinions
- Colgrove v. TallmanNew York Supreme Court · 1869
- Kennedy v. Harlem RailroadThe Superior Court of New York City · 1854
3Cited by2 opinions
- Matter of RyanNew York Court of Appeals · 1894
- Walmsley v. PhillipsAppellate Terms of the Supreme Court of New York · 1909