Ellsworth v. Gooding
New York Supreme Court
This action was brought - to recover land, and was tried at the Rensselaer circuit in December 1849. The verdict was for the plaintiff. The judge who held the circuit made an extra allowance of costs to the plaintiff of one hundred dollars. The defendant made a case, upon which a motion for a new trial was made at a special term. The motion was granted on the ground that the verdict was against the weight of evidence.
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This action was brought - to recover land, and was tried at the Rensselaer circuit in December 1849. The verdict was for the plaintiff. The judge who held the circuit made an extra allowance of costs to the plaintiff of one hundred dollars. The defendant made a case, upon which a motion for a new trial was made at a special term. The motion was granted on the ground that the verdict was against the weight of evidence. The order granting a new trial directed that the costs should abide the event of the suit. Upon an appeal from this order to the general term, it was so modified as to grant a…
1Opinion of the Court
Harris, Justice.
The granting of a new trial, on the ground that the verdict is against evidence, or because the damages are excessive, has always been regarded as a matter of favor rather .than of right. The trial having been fairly conducted, and there being no error of law, or misconduct of the jury, it is very much in the discretion of the court whether the case shall be submitted to another jury. Hence it is, that the practice has obtained, when a new trial is awarded under such circumstances, of imposing, as a condition, the payment of costs (Jackson vs. Thurston, 3 Cow. 342). In such…
2Cases cited1 opinion
- Jackson ex dem. Livingston v. ThurstonNew York Supreme Court · 1824
3Cited by5 opinions
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