Brumfield v.Hill
New York Supreme Court
Appeal from a judgment entered upon a verdict of a jury taken at the Onondaga circuit for $657 damages. In the notice of appeal is the following language: “ The appellants intend to bring up for review upon such appeal said judgment and order denying motion for a new trial on the minutes.”
1Opinion of the CourtHardin, P. J.
It is insisted by the respondent that the order denying defendant’s motion for a new trial upon the minutes cannot be reviewed upon this appeal from the judgment. We think the objection to the sufficiency of the notice comes late.
*139In Boos v. World Mutual Life Insurance Co., 64 N. Y. 236, it was held that after a trial by a jury, “ the only mode in which the facts can be brought before it for review is by appeal from order of special term or circuit granting or refusing a new trial.” In that case there was only an appeal from a judgment, and the court observed, viz.: “ The motion for a new…
2Cases cited9 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Crippen v. . MorssNew York Court of Appeals · 1872
- Hussner v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
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