Smith v. Lidgerwood Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lidgerwood Manufacturing Company, from an order of the Supreme Court, made at the Suffolk Special Term and entered in the office of the clerk of the county of Kings on the 10th day of October, 1900, denying the defendant’s motion to set aside the verdict, and for a new trial of the action.
1Opinion of the Court
Per Curiam.:
■ We think that section 1002 of the Code of Civil Procedure did not compel the appellant to move at a Special Term presided over by the learned justice who sat at the trial, inasmuch as the motion was not founded on an allegation of error in a finding of fact or ruling upon the law made on the trial, (Fleischmann v. Samuel, 18 App. Div. 97; appeal dismissed, 154 N. Y. 731; Kehrley v. Shafer, 92 Hun, 196.) The controlling question in- this case before the Special Term was whether a new trial should have been granted in the furtherance of justice. Modern practice is liberal to…
2Cases cited5 opinions
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Fleischmann v. SamuelAppellate Division of the Supreme Court of the State of New York · 1897
- Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Gawthrop v. LearyNew York Court of Common Pleas · 1880
- Smith v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Ellis v. HearnAppellate Division of the Supreme Court of the State of New York · 1909
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
- People ex rel. Tobenkin v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1909