Gregory v. Bijou Theater Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John H. Gregory and another, from an order of the County Court of Ulster county, entered in the office of the clerk of said county on the 11th day of February, 1910, granting the defendant’s motion for a. new trial because of the misconduct of the jury.
1Opinion of the Court
Smith, P. J.:
This action was tried before the court and á jury, and resulted in a verdict in favor of the plaintiffs. • A motion for a new. trial was made under section 999 of the Code of Civil Procedure, and was denied. Thereafter judgment was entered. After the entry of judgment the defendant made a motion to set aside the verdict ■upon the ground of misconduct of the jury, w.hich motion was granted. The affidavit upon which the motion was granted was made by the defendant’s counsel. It recites the trial, the verdict a,nd the motion for a new trial, its denial and the judgment. It then…
2Cases cited1 opinion
- Mais v. RuhAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by11 opinions
- Maryland Casualty Co. v. Seattle Electric Co.Washington Supreme Court · 1913
- Johnson v. SmithWashington Supreme Court · 1921
- Wilkins v. AbbeyNew York Supreme Court · 1938
- Bennett v. NazzaroNew York Supreme Court · 1932
- Gambon v. City of New YorkNew York Supreme Court · 1934
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