Snelling v. Yetter
Appellate Division of the Supreme Court of the State of New York
Appeal by. the plaintiff, Abbie E. Snelling, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 31st day of July, ' 1897, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 30th day of July, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
Before considering this appeal upon its merits we should notice a technical objection thereto which is suggested, though not distinctly made, in the respondent’s brief.
The suggestion is, that the plaintiff made her motion for a new trial upon the trial justice’s minutes, without taking an exception to the dismissal of the complaint. The only provision of the Code of Civil Procedure authorizing the trial justice, where he dismisses the complaint upon a trial T>y ju/ry, to entertain a motion for a new trial upon his minutes, is in section 999, and that provision limits the exercise…
2Cases cited1 opinion
- Wade v. WheelerNew York Supreme Court · 1870
3Cited by10 opinions
- Grossblatt v. WrightCalifornia Court of Appeal · 1951
- People v. . Journal Co.New York Court of Appeals · 1914
- Rohr v. LoganSuperior Court of Pennsylvania · 1965
- Cutten v. Allied Van Lines, Inc.District Court, C.D. California · 1972
- Jankowsky v. BrownAppellate Division of the Supreme Court of the State of New York · 1917
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