Roediger v. Kraft
New York Supreme Court
Action by Jessie Roediger, as administrator of Louisa Roediger, deceased, against Nellie Kraft, as executrix, and Emil Hasenbalg, as executor, of Traugott F. M. Roediger, deceased. Judgment for plaintiff, and defendants move to set aside the judgment and for a new trial. Motion denied.
1Opinion of the CourtPendleton, J.
This is a motion to set aside the judgment and for a new trial. The ground of defendants’ motion appears to be that they refrained from cross-examining a witness as to a paper which they had in court at the trial, or to put in evidence facts alleged to be set forth in the said paper, because, they say, they were misled by the complaint. They had all the information in court at the time. They elected not to use it, deeming, presumably, such course wise, and, now that the decision has been rendered against them, they ask to set aside the judgment and have a new trial to do what they might…
2Cases cited5 opinions
- Smith v. BarnesThe Superior Court of the City of New York and Buffalo · 1894
- Smith v. RentzNew York Supreme Court · 1893
- Dillingham v. FlackNew York Supreme Court · 1892
- Feiber v. Manhattan Dist. Tel. Co.New York Court of Common Pleas · 1888
- Feiber v. Manhattan Dist. Tel. Co.New York Court of Common Pleas · 1889
3Cited by1 opinion
- Weaver v. ScriptureNew York Supreme Court · 1925