Whitman v. Johnson
New York Court of Common Pleas
Appeal from special term. Action by Edmund S. Whitman and another against Edwin L. Johnson. From an order denying a motion for a new trial, on the grounds mentioned in Code Civ. Proc. § 999, plaintiffs appeal.
1Opinion of the CourtBookstavee, J.
This is an appeal from an order denying a new trial. The time to appeal from the judgment expired without an appeal being taken therefrom. It is nevertheless valid, and must be heard. Voisin v. Insurance Co., 123 N. Y. 120, 25 N. E. 325. Notwithstanding there is no such appeal as an appeal from an order denying a new trial, this court, at general term, must consider whether the case has been submitted to the jury upon an erroneous theory of the law; whether any erroneous instruction was given; whether the appellants have sustained any injury by the jury having been misled because of the lack…
2Cases cited11 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Cobb v. . KnappNew York Court of Appeals · 1877
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
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3Cited by5 opinions
- Coale v. SuckertAppellate Terms of the Supreme Court of New York · 1896
- Foster v. MeeksAppellate Terms of the Supreme Court of New York · 1896
- Forrest v. McCarthyAppellate Terms of the Supreme Court of New York · 1899
- Kelley v. FaulhaberAppellate Terms of the Supreme Court of New York · 1896
- Purcell v. AronsonAppellate Terms of the Supreme Court of New York · 1896