Mitchell v. Westchester Fire Insurance

This is an appeal from an order of the general term of the Marine Court, affirming an order made by the judge at special term granting a new trial on a motion made upon his minutes to set aside a verdict.

The notice of appeal from such order of the general term does not contain an assent on the part of the appellant, that if the order be affirmed judgment absolute shall be rendered against the appellant, as required by sec. 9 of ch. 545 of the Laws of 1874, which was made an absolute condition of any such appeal.

The appeal taken from this order was not upon any “ case or exceptions ” made, for…