Legal Opinion

Gregg v. Howe

The Superior Court of New York City

Decided June 1, 1874Published

Appeal from a judgment. The action was for goods sold and labor performed. One of the defenses was a breach of warranty of the quality of the goods, and that the labor performed was not done in a good and workmanlike manner.

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Appeal from a judgment. The action was for goods sold and labor performed. One of the defenses was a breach of warranty of the quality of the goods, and that the labor performed was not done in a good and workmanlike manner. Upon the cause being called for trial, the defendants moved its postponement upon the following affidavit: After the usual affidavit of merits, that one William H. Peckham is a necessary and material witness for the defendants on the tnal of this action, as said defendants are advised by their said counsel, after stating to him fully and fairly what they expect to be able…

1Opinion of the Court

By the Court.—Mo well, Ch. J.

The exception-to the decision of the motion, for a new trial upon the-minutes of the court, is unavailable upon the appeal from the judgment. The only mode for reviewing such decision is by an appeal from the order,, and for the purpose of such appeal, an order must be entered, and a case or exceptions settled in the usual form-{Code. § 264, sub. 4).

An exception to be available on appeal from a judgment, must be to a decision made upon the trial of the action. A motion for a new trial, whether made before-the judge who tried the action, upon his minutes, or to-the…

2Cases cited1 opinion

  1. Ogden v. PayneNew York Supreme Court · 1825

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