Stokes v. Stokes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward S. Stokes, from an order of the Supreme Court, made at the Sew York Special Term and •entered in the office of the clerk of the county of Sew York on the 4th day of February, 1899, vacating an order granting the defendant’s motion for a- new trial unless the defendant comply with, certain conditions as to the payment of costs and the giving of an undertaking.
1Opinion of the Court
McLaughlin, J. :
After the judgment obtained by the plaintiff on the. trial hacl been affirmed by the Court of Appeals the defendant applied to and obtained from the Special Term, upon the ground, among others, of newly-discovered evidence, a new trial upon condition, however, that within a time specified he pay to the plaintiff all the costs (except an extra allowance) and disbursements then taxable, and also deliver to him an undertaking in the sum of $50,000, conditioned for the payment of any judgment the, plaintiff might thereafter recover. The defendant endeavored to comply with the…
2Cited by1 opinion
- Koransky v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1910