Carroll v. More

Judgment upon the finding of the court below, Was entered in favor of the defendants on the' the 29th of September, 1870. At the general term on the 10th of July, 1871, the plaintiff moved, upon affidavits and notice previously served, to set aside the judgment and for a new trial, on the ground of newly discovered evidence. This motion was granted ; and from the order granting the same this appeal is taken.

Among the objections taken to the order, is the objection that it was irregular for the court to entertain the motion, except upon a case made. The record states as follows: “ The motion…