Eichner v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ettie Eiclmev, from an order of the Supreme Court, made at the Yew York Special Term, and entered in the office of the clerk of the county of Yew York on the 1st day of May, 1906, denying the plaintiff’s motion to vacate a former j udgment herein.
1Per curiam
The ease was tried on the 12th and 13th days of May, 1904, and resulted in a verdict in favor of the defendant, on which verdict a judgment was entered on the 19tli day of July, 1904. The *248motion for an order vacating the judgment and setting aside the verdict and granting a new trial upon the ground of misconduct of a juror was made on the 20th day of March, 1906. Section 1282 of the Code of Civil Procedure provides that “ a motion to set aside a final judgment for irregularity shall not be heard after the expiration of one year since the filing of the judgment-roll.” To avoid the effect of…
2Cases cited8 opinions
- Murphy v. . JackNew York Court of Appeals · 1894
- Matter of Peck v. . CargillNew York Court of Appeals · 1901
- Campbell v. MorrisonNew York Court of Chancery · 1838
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- Mowry v. . SanbornNew York Court of Appeals · 1875
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