O'Gorman v. Teets
Appellate Terms of the Supreme Court of New York
Appeal from order, made by the justice of the Tenth Judicial District Gourt, setting aside the verdict of a jury and granting a new trial upon the ground that the verdict “ was against the weight of evidence and the law.”
1Opinion of the CourtBischoff, J.
Preliminarily to any matters touching the merits of the case, the appellant contends that the order appealed from is assailable because not made upon five days’ notice, within five days after the rendition of the verdict, such notice having been provided for by the statute authorizing the justice to grant a new trial, where the parties have litigated the issues. Laws 1896, chap. 748.
It appears, however, from the record that the hearing of the motion was, by consent of the parties, adjourned to some date to be afterward fixed, the adjournment being taken at the time of the rendition of the…
2Cases cited2 opinions
- Krakower v. DavisAppellate Terms of the Supreme Court of New York · 1897
- Eschbach v. HughesNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Dancy v. WalzAppellate Division of the Supreme Court of the State of New York · 1906
- Anderson v. WoodAppellate Terms of the Supreme Court of New York · 1906