Legal Opinion

Taylor v. Harlow

New York Supreme Court

Decided June 15, 1855PublishedCited by 1 opinion

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.

Read the full summary

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

  1. Beekman v. BemusNew York Supreme Court · 1827

3Cited by1 opinion

  1. Morange v. MorrisNew York Supreme Court · 1860

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API