Bantheon v. Meier
New York Supreme Court
Appeal from Monroe county court. Action by Fredericka Bantheon against Elizabeth Meier. From an order granting a motion for a new trial, on the ground of newly-discovered evidence, defendant appeals. Reversed.
1Opinion of the CourtBradley, J.
The motion was heard by the county court, and upon the decision judgment was entered dismissing the complaint,, with costs against the plaintiff. Afterwards the plaintiff, upon affidavits, depositions taken pursuant to order of the court before a referee, the judgment roll, and proceedings in the action, moved for a new trial, upon the ground of newly-discovered evidence; and the motion was granted. When the motion came to a hearing, the defendant made preliminarily the objection to its being heard that no case had been served. The objection was overruled, and exception taken. As the motion…
2Cases cited4 opinions
- Russell v. . RandallNew York Court of Appeals · 1890
- In re AnonNew York Supreme Court · 1831
- Tucker v. PfauNew York Supreme Court · 1893
- Russell v. RandallNew York Supreme Court · 1890
3Cited by7 opinions
- Davis v. Grand Rapids Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Harris v. GreggAppellate Division of the Supreme Court of the State of New York · 1896
- Rosenthal v. Bell Realty Co.New York Supreme Court · 1907
- Boyd v. BoydNew York Court of Common Pleas · 1895
- Solowye v. HazlettCity of New York Municipal Court · 1901
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