Bay v. Gage
New York Supreme Court
THIS is an appeal from an order made at a special term, denying a motion for a new trial under the revised statutes, in an action of ejectment. The cause was referred to a referee and decided upon the merits, and judgment entered against the plaintiffs upon the report of the referee. The only question presented by this appeal is whether a new trial in ejectment can be granted where a judgment has been rendered on the merits upon the report of a referee.
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THIS is an appeal from an order made at a special term, denying a motion for a new trial under the revised statutes, in an action of ejectment. The cause was referred to a referee and decided upon the merits, and judgment entered against the plaintiffs upon the report of the referee. The only question presented by this appeal is whether a new trial in ejectment can be granted where a judgment has been rendered on the merits upon the report of a referee. The plaintiffs claimed that they were entitled to have the judgment vacated and a new trial granted; and the defendant insisted, not only,…
1Opinion of the Court
By the Court,
Bocees, J.
Prior to the act of 1861, a party against whom a judgment had been rendered in ejectment, “ upon a verdict,” was entitled to a new trial under the statute as a matter of right, on payment of all costs and damages recovered thereby. (3 R. S. 596, 5th ed. §§ 36, 37.) But this right to a new trial under the statute was limited to those cases where the judgment was “ rendered upon a verdict.” It was so held in Christie v. Bloomingdale, (18 How. 12;) also in Lang v. Ropke, (1 Duer, 701.) These cases are cited with approval in Chautauque Co. Bank v. White, (23 N. Y. Rep.…
2Cases cited9 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Burch v. . NewburyNew York Court of Appeals · 1852
- Wood v. OakleyNew York Court of Chancery · 1845
- Van Rensselaer v. SmithNew York Supreme Court · 1858
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3Cited by10 opinions
- Seton v. HoytOregon Supreme Court · 1899
- Bullock v. Town of DurhamNew York Supreme Court · 1892
- Dillon v. DillonSupreme Court of Georgia · 1878
- Kelsey v. KendallSupreme Court of Vermont · 1875
- Railroad Co-Operative Building & Loan Ass'n v. Boston Building Estates, Inc.New York Supreme Court · 1933
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