Weeks v. Coe

Hatch, J.:

These are cross-motions to dismiss appeals taken -by each party herein. The action was tried before a- referee, and the plaintiff, securing a favorable report, entered judgment thereon. After the entry of judgment the defendant duly appealed therefrom. Subset quently he made- a ¡notion for a new trial Upon affidavits setting forth newly:discovered' evidence. This motion was ■ granted upon payfnent of the-costs of the trial and certain other' specified items. Thereafter and on October 29, 1898, the defendant entered an order in the clerk’s office of the county of Westchester, bearing…