Giraudat v. Korn
New York Court of Common Pleas
Appeal from an order made at special term denying a motion for a new trial, made upon affidavits alleging surprise and mistake. The facts are stated in the opinion.
1Opinion of the CourtVan Brunt, J.
This is an appeal from an order denying a motion for a new trial, upon the ground of surprise, mistake, &c.
*407The surprise and mistake, &e., consisted in surprise of the defendant’s counsel at the rulings of the court, and mistake of the court in not postponing the trial upon the application of the defendants, upon the ground of the absence of witnesses whose testimony was material to the defendant.
If the court erred in excluding or admitting testimony, that can be remedied by appeal, and as the court have affirmed the judgment upon the merits, this ground affords no claim for relief.
The action…
2Cited by5 opinions
- N. E. Redlon Co. v. Franklin Square Corp.Supreme Court of New Hampshire · 1941
- Garfield National Bank v. ColwellNew York Supreme Court · 1890
- Perkins v. Brainard Quarry Co.New York Court of Common Pleas · 1895
- Kelly v. WeirCity of New York Municipal Court · 1897
- Perkins v. WhitneyNew York Supreme Court · 1890