Brumfield v. Hill
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Jennie F. Brumfield against William H. Hill and others to recover damages for taking plaintiff’s goods. Verdict and judgment for plaintiff, and defendants appeal. The notice of appeal contains the following language: “The appellants intend to bring up for review, upon such appeal, said judgment, and order denying a motion for a new trial on the minutes.”
1Opinion of the CourtHardin, P. J.
It is insisted by the respondent that the order denying defendants’ 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 too late. In Boos v. 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 trial is a…
2Cases cited3 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Cross v. MowersNew York Supreme Court · 1888
3Cited by2 opinions
- McGuire Ex Rel. McGuire v. AmyxSupreme Court of Missouri · 1927
- Hymes v. Van CleefNew York Supreme Court · 1891