Nicholson v. Moriarty
New York Court of Common Pleas
Appeal from Eighth district court. Action by Ethel F. Nicholson against Kate M. Moriarty. From a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
Defendant appeals from the judgment entered in this action, and also asks us to review the determination of the justice in denying a motion to set aside the verdict and grant a new trial. This verdict was rendered after appearance by the defendant, and active litigation of the issues; hence the justice was without power to grant the motion, as we have lately held in the case of Zimmermann v. Bloch (Com. Pl. N. Y.) 82 N. Y. Supp. 1073, and his ruling was correct. Moreover, no appeal lies to this court from an interlocutory order of a district court. Jacobs v. Zeltner, 9 Misc. Rep. 455, 30 N.…
2Cases cited2 opinions
- Jacobs v. ZeltnerNew York Court of Common Pleas · 1894
- Wensley v. RandolphNew York Court of Common Pleas · 1894