Jackson ex dem. Colden v. Chace
New York Supreme Court
' MOTION to set aside the judgment, and the subsequent proceedings, and for a new trial, on the ground of newly discovered evidence. From the affidavits which were read, it appeared, that the suit was commenced in 1807, and after a trial and verdict for the plaintiff, judgment was entered for yie plaintiff, in October term, 1816, there being no order * 7 7 7 ° to stay proceedings, but no execution was issued until sometime in July, last past.
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' MOTION to set aside the judgment, and the subsequent proceedings, and for a new trial, on the ground of newly discovered evidence. From the affidavits which were read, it appeared, that the suit was commenced in 1807, and after a trial and verdict for the plaintiff, judgment was entered for yie plaintiff, in October term, 1816, there being no order * 7 7 7 ° to stay proceedings, but no execution was issued until sometime in July, last past. That the new evidence, which it was contended would clearly show a title to the premises out of the lessors of the plaintiff was not known or discovered…
1Per curiam
A motion for a new trial must be within the first four days of the term, and before judgment is perfected, unless an order to stay proceedings on the verdict has been obtained, which operates as an enlargement of the rule of four days. In no case has a motion for a new trial been heard, after a judgment has been regularly perfected. The case of Shepherd arose soon after the presént rules and orders of the court were made, and the court, under the particular circumstances of the case, of an-alleged misapprehension of the meaning of the 4th rule of January term, 1799', allowed the motion to be…
2Cited by8 opinions
- Miller v. . ZeimerNew York Court of Appeals · 1888
- Conklin v. HindsSupreme Court of Minnesota · 1871
- Tucker v. WhiteNew York Supreme Court · 1862
- Postal Telegraph Cable Co. v. City of JamestownNew York Supreme Court · 1921
- Coy v. MartinNew York Supreme Court · 1898
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