Clinton v. Frear
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Clinton, from a judgment of the County Court of Dutchess county in favor of the defendant, Leonard C. Frear, entered in the office of the clerk of the county of Dutchess on the 31st day of October, 1901, reversing a judgment of the Justice’s Court of the town of Stanford in favor of the plaintiff.
1Opinion of the Court
Hirschberg, P. J.:
The action is in replevin to recover possession of “ one inserted tooth circular buzz saw, Disston make.’’ The verdict of the jury was in the plaintiff’s favor, but the judgment entered on it has been *572reversed by the County Court on the sole ground that the verdict is against, the weight of evidence. While we are naturally reluctant in interfering with the exercise of discretion in the granting of a. new trial, we realize that such discretion to be effective - must be-exercised lawfully, and we think that in this case to be justified it should appear to be based upon the…
2Cases cited4 opinions
- Burnham v. . ButlerNew York Court of Appeals · 1865
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- Murtagh v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
- von der Born v. SchultzAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- International Tailoring Co. v. BennettAppellate Division of the Supreme Court of the State of New York · 1906
- King v. Syracuse, Lake Shore & Northern Railroad, New York County Courts1911
- McCormick v. SheaAppellate Terms of the Supreme Court of New York · 1906