Streep v. McLoughlin
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from an order of the City Court, General Term, affirming an order of the Special Term, denying a motion made by said defendants for a new trial on newly-discovered evidence, and from an order denying a motion to resettle the General Term order in regard to costs.
1Opinion of the CourtMcAdam, J.
No appeal lies to this court from an order of the City Court either grantihg or denying a new trial on the ground of newly-discovered evidence. Lesser v. Wunder, 9 Daly, 70, 72; Langer v. Gross, 31 Misc. Rep. 266; Scoville v. Landon, 50 *166N. Y. 686; Dalrymple v. Hannum, 54 id. 654; Meltzer v. Doll, 91 id. 365; Baylies, N. Tr. & App. 234.
The appellants claim that, even if this court cannot review the propriety of the order in so far as it denies the application for a new trial, it has authority to correct an unauthorized award of costs by the -court below. The General Term affirmed the order (i…
2Cases cited3 opinions
- Scoville v. . LandonNew York Court of Appeals · 1872
- Lesser v. WunderNew York Court of Common Pleas · 1880
- Langer v. GrossAppellate Terms of the Supreme Court of New York · 1900
3Cited by2 opinions
- Pease v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Streep v. McLoughlinAppellate Terms of the Supreme Court of New York · 1901