Newhall v. Appleton
The Superior Court of New York City
Plaintiff appeals from an order made at the trial term after judgment, and after the usual motion on the minutes had been argued and denied, granting defendants a new trial, on the alleged ground of surprise and newly-discovered evidence, set forth in affidavits in which an order to show cause at the trial term after judgment was obtained from the justice holding the term, after he had denied by formal order the motion made on the minutes..
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Plaintiff appeals from an order made at the trial term after judgment, and after the usual motion on the minutes had been argued and denied, granting defendants a new trial, on the alleged ground of surprise and newly-discovered evidence, set forth in affidavits in which an order to show cause at the trial term after judgment was obtained from the justice holding the term, after he had denied by formal order the motion made on the minutes.. Judgment was entered for $1,882.75, October 18, 1879, and the motion on the minutes,'on all the usual grounds, having been argued and denied at the trial,…
1Opinion of the Court
By the Court.—Curtis, Ch. J.
The question is raised, whether the judge who presided at the trial by a jury, can, after judgment, entertain a motion at the trial term for a new trial on the grounds of surprise and newly-discovered evidence.
Section 1002 of the Code of Civil Procedure requires that in a case not specified in the three preceding sections, a motion for a new trial must, in the first instance, be heard and decided at the special term. Motions for a new trial on the grounds of surprise, or newly-discovered evidence, are not specified in the three preceding sections, and consequently…
2Cases cited3 opinions
- Sproul v. Resolute Fire InsuranceNew York Supreme Court · 1869
- Argall v. JacobsNew York Supreme Court · 1878
- People ex rel. Debennetti v. Clerk of Marine CourtNew York Court of Appeals · 1856