Green v. Roworth
New York Court of Common Pleas
Motion for new trial on exceptions. Action by Emma T. Green, administratrix of the estate of William Roworth, deceased, against Joseph G. Roworth and others, to set aside a conveyance of both real and personal property on the ground of fraud. Plaintiff had judgment on a trial by the court without a jury, and defendants now move at general term for a new trial on exceptions, as provided by Code Civil Proc. § 1001.
1Opinion of the CourtBisohoff, J.
Section 1001 of the Code of Civil Procedure authorizes a motion at general term, after interlocutory judgment- has been entered, for a new trial of an issue of fact tried by the court without a jury, or by a referee, when exceptions taken to rulings on the trial are thus sought to be reviewed. Section 997, however, requires that the motion be made upon a case and exceptions, which must be settled and signed by the judge or referee by or before whom the action was tried, as prescribed by the general rules of practice. See rule 32. Obviously the approval of the case to be presented to the…
2Cases cited2 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Dwight v. Elmira, Cortland & Northern RailroadNew York Supreme Court · 1890
3Cited by3 opinions
- Hedges v. PolhemusNew York Court of Common Pleas · 1895
- Caldwell v. BakerAppellate Division of the Supreme Court of the State of New York · 1912
- Green v. RoworthNew York Court of Common Pleas · 1893