Hart v. Ithaca Conservatory

We think there is no ground on which the verdict of the jury should be set aside under section 549 of the Civil Practice Act.

As to the motion based on newly-discovered evidence, the defendants say: (1) That the motion cannot be made as it is, upon the judge’s minutes, but must be made upon a case (Rules Civ. Prac. rule 221), and (2) that on the merits the motion should be denied.

*401The defendants cite many authorities to sustain their first contention. The plaintiff attempts to distinguish these cases by saying that they arose under section 997 of the Code of Civil Procedure which they say has…