Boyd v. Boyd
New York Court of Common Pleas
Appeal from city court, general term. Action by David Boyd, as administrator of Samuel Boyd, deceased, against Robert Boyd, on a judgment. From an order of the city court (31 N. Y. Supp. 193) affirming an order granting defendant’s motion for a new trial on the ground of newly-discovered evidence, made after direction of a verdict in favor of plaintiff for $3,010, plaintiff appeals.
1Opinion of the CourtGiegerich, J.
The reversal of the order appealed from is sought solely on the ground that the court below had no authority to make the same. Under these circumstances, Ave think the order should be reviewed in this court Russell v. Randall, 123 N. Y. 436, 438, 25 N. E. 931. It is urged by the appellant that the court below had no power to entertain the motion, because it was not made upon a case proposed and settled. The rule must be regarded as well settled that, where a motion for a new trial is based upon the ground of newly-discovered evidence, a case must be made, and the motion will not be heard upon…
2Cases cited6 opinions
- Russell v. . RandallNew York Court of Appeals · 1890
- In re AnonNew York Supreme Court · 1831
- Bantheon v. MeierNew York Supreme Court · 1894
- Sproul v. Resolute Fire InsuranceNew York Supreme Court · 1869
- Russell v. RandallNew York Supreme Court · 1890
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3Cited by2 opinions
- Davis v. Grand Rapids Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Appelt v. TimponeNew York Supreme Court · 1949