Legal Opinion

Baldwin's Bank v. Butler

New York Court of Appeals

Decided April 12, 1892Published

Appeal from judgment of the supreme court, general term, fifth department, modifying and affirming an order granting a new trial to defendant after a general verdict against him at circuit.

1Opinion of the CourtAndrews, J.

—It was said in Young v. Davis, 30 N. Y. 134, that “ it is the invariable practice of this court not to review orders made by the supreme court granting new trials on the ground that the verdict was either against evidence or against the weight of evidence.” It has since been repeatedly held that the jurisdiction conferred on this court to entertain appeals from orders granting or refusing new trials is inapplicable to jury cases where the order was made upon the facts. The general term may review an order in such a case, but there the right of review ends. This is an appeal from an order of…

2Cases cited2 opinions

  1. Young v. . DavisNew York Court of Appeals · 1864
  2. Folger v. . FitzhughNew York Court of Appeals · 1869

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