Valton v. National Loan Fund Life Assurance Society
New York Supreme Court
This was a motion to stay proceedings on the appeal from the order, until the appeal from the judgment could be heard in the general term. Trial was at Albany circuit, January, 1853. Motion for new trial, &c., made and denied at Rensselaer special term, October, 1853. An appeal taken from that order; that appeal heard at general term, and the order affirmed. An appeal from that decision of the general term taken to court of appeals.
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This was a motion to stay proceedings on the appeal from the order, until the appeal from the judgment could be heard in the general term. Trial was at Albany circuit, January, 1853. Motion for new trial, &c., made and denied at Rensselaer special term, October, 1853. An appeal taken from that order; that appeal heard at general term, and the order affirmed. An appeal from that decision of the general term taken to court of appeals. December 8, 1853, plaintiffs entered, judgment on the verdict, there having been no order staying’ proceedings. The other facts will appear by the opinion.
1Opinion of the Court
Gould, Justice.
It seems to me in this case that I cannot entertain this motion, as the cause is regularly in the court of appeals ;* but as several points are covered by the affidavits and arguments of the parties, I will give my views of the position of this case as to those points of practice, in case I should be wrong in my first remark:
I. The motion for a new trial, made at Troy in October, 1853', was made on the case, as now printed, and on affidavits as to surprise, &c. On that motion the plaintiffs had an order refusing a new trial, and from that order the defendants took a regular…
2Cases cited1 opinion
- United States v. LeblancSupreme Court of the United States · 1852
3Cited by9 opinions
- State ex rel. Keane v. MurphyNevada Supreme Court · 1885
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Biagi v. HowesCalifornia Supreme Court · 1885
- Livingston v. New York Elevated RailroadNew York Supreme Court · 1891
- Voisin v. Commercial Mutual InsuranceNew York Supreme Court · 1890
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