Young v. Stone
New York Supreme Court
Appeal from special term, Broome county. Action by John B. Young and George W. Newman against Win-field S. Stone, as sheriff of Broome county. From an order setting aside a verdict in favor of defendant, and granting a new trial on payment of costs of the action after notice of trial, defendant appeals. Modified.
1Opinion of the CourtMartin, J.
An examination of the order appealed from renquite manifest that the verdict was set aside and a new trial granted upon the ground that the verdict of the jury was against the weight of evidence, as it was granted upon the condition that the respondents should pay the costs of the trial. On a motion for a new trial upon exceptions and the insufficiency of the evidence, an order granting it upon condition of payment of costs will be presumed to have been made on the latter ground. Henderson v. Henderson, 2 Abb. N. C. 102. We think the same presumption exists in this case.
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2Cases cited5 opinions
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- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
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- MacY v. . WheelerNew York Court of Appeals · 1864
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