Taylor v. Harlow
New York Supreme Court
Motion for a new trial. This action was brought to trial before á jury at a circuit court held in Saratoga county in June, 1852, and a verdict ordered for plaintiff, subject to the opinion of the court on a case-cause to. be argued and application for judgment to be made, in the first instance, at general term. A case was made and the cause argued before the general term, where judgment was pronounced for the plaintiff.
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Motion for a new trial. This action was brought to trial before á jury at a circuit court held in Saratoga county in June, 1852, and a verdict ordered for plaintiff, subject to the opinion of the court on a case-cause to. be argued and application for judgment to be made, in the first instance, at general term. A case was made and the cause argued before the general term, where judgment was pronounced for the plaintiff. The defendants, upon the case, and upon affidavits, now move for a new trial.
1Opinion of the Court
James, Justice.
In actions tried before a jury, motions for a new trial, when not made before the judge holding the circuit, must be heard upon a case or exceptions, except for irregularity, surprise, or newly-discovered evidence. (Code, §§ 264, 265.) This motion is founded upon both a case and affidavits. The motion is presented in two aspects. Fitst, a new trial is asked on the ground of surprise; and, second, because the action is in such a position that the defendants cannot take it to the court of appeals.
Under the first head, it is claimed that the conduct of the plaintiff and his…
2Cases cited1 opinion
- Beekman v. BemusNew York Supreme Court · 1827
3Cited by1 opinion
- Morange v. MorrisNew York Supreme Court · 1860