Mackay v. Lewis

The defendant, upon the rendering of the verdict, moved for a new trial upon the minutes of the judge. The motion was denied, and exceptions taken thereto, and time allowed the defendants to make a case, and this proceeding makes a part of the - case incorporated in the record upon which a new trial was granted by the court at general term, *504and now brought into this court. This practice was permitted by the Code, and as the grounds of the motion, as made at circuit do not appear, it may have been upon exceptions — for insufficient evidence or for excessive damages (Code. sec. 264). The party…