Bigelow Co. v. Gray
New York Court of Common Pleas
Appeal from a judgment of the general term of the city court, affirming a judgment entered on the verdict of a jury, at trial term.
1Per curiam
The application for an adjournment of the
trial in the court below was addressed to the discretion of the trial justice. Whether that discretion was properly exercised, may be reviewed by the general term of that court but cannot be reviewed in this. Wakefield v. American Surety Co., 13 Daly, 349; Walsh v. Schulz, 12 id., 108; McEteere v. Little, 8 id., 167; Schwartz v. Oppold, 74 N. Y., 307. And for the same reasons this court cannot reverse the judgment, because it'is against the weight of evidence—there being some evidence on which the jury could find as it did.
The answer did not allege…
2Cases cited2 opinions
- Schwarz v. . OppoldNew York Court of Appeals · 1878
- Wakefield v. American Surety Co.New York Court of Common Pleas · 1885