Henderson v. Henderson
New York City Court
Appeal by defendant from part of an order. This action was brought by John V. S. Henderson against Peter S. Henderson. On the trial, testimony having been given by both parties, and various exceptions having been taken by the defendant, and overruled by the judge ; a verdict having been rendered in favor of the plaintiff ; a motion having been made by defendant to set aside the verdict and for a new trial on the minutes of the judge, upon the ground that there was not…
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Appeal by defendant from part of an order. This action was brought by John V. S. Henderson against Peter S. Henderson. On the trial, testimony having been given by both parties, and various exceptions having been taken by the defendant, and overruled by the judge ; a verdict having been rendered in favor of the plaintiff ; a motion having been made by defendant to set aside the verdict and for a new trial on the minutes of the judge, upon the ground that there was not sufficient evidence to sustain the verdict, it was “ ordered, that the said verdict be, and the same hereby is, set aside and…
1Opinion of the CourtReynolds, J.
The motion for a new trial upon the minutes was made upon exceptions taken at the trial, and upon the ground of insufficiency of the evidence to sustain the verdict. The order granting a new trial does not state the ground upon which it is made, but *105is conditioned upon the payment of the costs of the former trial. It is contended by the counsel for the appellant, that the order must be held to have been made on both grounds, and that, as in the case of an exception being well taken, a new trial is a matter of right, no such condition should have been imposed. There is no question about the…
2Cited by2 opinions
- Young v. StoneNew York Supreme Court · 1894
- Young v. StoneNew York Supreme Court · 1894