Legal Opinion
Argall v. Jacobs
New York Supreme Court
Decided July 1, 1878PublishedCited by 4 opinions
• Motion for new trial on the nwmtes and upon the ground of surprise made at the term during which the trial was had.
1Opinion of the CourtVan Vorst, J.
This motion, in so far as it asks for a new trial on the ground of surprise, I think, must he made at special term.
Section 1002 of the Code of Civil Procedure provides, that in a case not specified in the three preceding sections the motion for a new trial must, in the first instance, be heard and decided at special term. v
The preceding sections alluded to, do not include a motion for a new trial on the ground of surprise.
The grounds upon which a motion for a new trial may be *168urged before the judge who presided at the trial,, are stated in section 999, and do not embrace that of surprise.
Upon…
2Cited by4 opinions
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