Upington v. Keenan
New York Supreme Court
Appeal from special term, New York county. Action by George P. U'pington against John Keenan for the recovery of money. There was a verdict for plaintiff. From an order denying a motion for a new trial on the ground df newly-discovered evidence, defendant appeals. Reversed.
1Opinion of the CourtVan Brunt, P. J.
This motion is opposed upon the part of the plaintiff upon the ground that there are.certain rules governing the disposition of motions of this kind which must be complied with in order to entitle a party to relief; and that the defendant in this action has not complied with these requirements. It is undoubtedly true that in a large number of cases certain features have been referred to as necessary to be present upon motions of this kind, in order that relief might be granted. But it will be found upon an investigation of those cases, and of the principles upon which they were founded," that…
2Cases cited4 opinions
- Durant v. AbendrothNew York Supreme Court · 1888
- Clegg v. New York Newspaper UnionNew York Supreme Court · 1889
- Dillingham v. FlackNew York Supreme Court · 1892
- Sistare v. OlcottNew York Supreme Court · 1889
3Cited by4 opinions
- Colorado Springs & Interurban Railway Co. v. FogelsongSupreme Court of Colorado · 1908
- Phelps v. DelmoreNew York Supreme Court · 1893
- Peyser v. Coney Island & B. R.New York Supreme Court · 1894
- Hagen v. New York Central & Hudson River RailroadNew York Supreme Court · 1904