Clark v. Eldred
New York Supreme Court
Appeal from Bensselaer county court. Action by Anna M. Clark against Perry W. Eldred. Judgment was rendered for defendant, and new trial afterwards granted to plaintiff on certain conditions. From the part of the order imposing conditions plaintiff appeals.
1Opinion of the CourtLearned, P. J.
The opinion in Reilley v. Canal Co., 102 N. Y. 383,7 N. E. Rep. 427, gives two reasons for its conclusion,—one, that no order had been entered in the county court. If no order had been in fact entered, then, of course, there was no occasion justifying a decision that such order could not be reviewed. The other reason was that an order granting or refusing a new trial was not an order affecting a substantial right. See Code Civil Proc. § 1340. This decision made it necessary for the legislature to express its mean*96ing more clearly. And it did so by chapter 507, Laws 1888,1 amending section…
2Cases cited4 opinions
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Pickett v. . BartlettNew York Court of Appeals · 1887
- Gray v. FiskNew York Court of Appeals · 1873
- O'Brien v. LongNew York Supreme Court · 1888
3Cited by4 opinions
- King v. SullivanAppellate Division of the Supreme Court of the State of New York · 1898
- In re Drainage of Certain Swamp LandsNew York Supreme Court · 1893
- Kilts v. NeahrAppellate Division of the Supreme Court of the State of New York · 1905
- Carpenter v. MilesNew York Supreme Court · 1895