Brown v. Crim
Court for the Trial of Impeachments and Correction of Errors
Application on behalf of the defendant for a new trial, the action being ejectment, pursuant to 2 R. S. 309, § 37. The suit was commenced in the common pleas of Herkimer county, where the plaintiff had twice recovered verdicts and entered judgments, and upon each occasion the defendant had obtained a new trial under the statute. He then removed the cause here by certiorari, where the plaintiff obtained a third verdict, and entered judgment.
1Opinion of the Court
By the Court, Jewett, J.
The statute declares that no more than two new trials shall be granted under the provision *666referred to. I think the power is exhausted, and that the fact that the new trials already had were granted by the common pleas while the cause was pending there, does not create a distinction favorable to the defendant.
Motion denied.
2Cited by2 opinions
- Bellinger v. MartindaleNew York Supreme Court · 1853
- Boland v. GillettWisconsin Supreme Court · 1878