Mechanics' Banking Ass'n v. Kiersted
The Superior Court of New York City
This action was tried, before a justice of this court and a jury, in April, 1854. The defendant obtained a verdict. The plaintiff made a case, on which he moved for a new trial, on the ground that the verdict was against evidence, which motion was granted upon the terms of paying the costs of the trial and of the subsequent proceedings.
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This action was tried, before a justice of this court and a jury, in April, 1854. The defendant obtained a verdict. The plaintiff made a case, on which he moved for a new trial, on the ground that the verdict was against evidence, which motion was granted upon the terms of paying the costs of the trial and of the subsequent proceedings. When the case was settled, the motion for a new trial was noticed to be made at a special term of the court, and the cause was placed on the calendar. It was so noticed and on the calendar three terms, exclusive of that at which the motion was argued. The…
1Opinion of the Court
By the court—Bosworth, Judge.
The motion for a new trial, on a case made, can be heard only at a special term of the court. (Code, § 265.) Such a motion cannot be made, be•fore a judge or justice, out of court. (Id. § 401.)
The motion is an enumerated motion. (Rule 27.) It can be noticed only for the first day of the term, and must be placed on the calendar. (Rule 28.)
Section 315 of the Code has no reference to such a proceeding, but relates solely to special non.-enumerated motions.
In Waterbury agt. Westervelt, (3 Sand. S. C. R. 749,) this court held that, in a case in which the questions of…
2Cited by2 opinions
- Muller v. HigginsThe Superior Court of New York City · 1872
- Warner v. Western Transportation Co.The Superior Court of New York City · 1868