Keeler v. Dennis
New York Supreme Court
Appeal by the defendant from an order of the Monroe Special Term, vacating a judgment in favor of the defendant and granting a new trial on payment of costs pursuant to the provisions of the Code of Civil Procedure, section 1525.
1Opinion of the Court
Bradley, J.:
The action is ejectment. There have been two trials. Each resulted in a verdict for the defendant. After the first trial the plaintiff took a second one under the statute. And the order in question was made upon plaintiff’s motion for a third trial. The statute provides that in such an action the court “ may make an ffrder vacating the second judgment and granting a new trial * * * if it is satisfied that justice will thereby be promoted and the rights of the parties more satisfactorily ascertained and established.” (Code of Civ. Pro., § 1525.) And the prior statute was…
2Cases cited3 opinions
- Jackson ex dem. Wright v. DieffendorfNew York Supreme Court · 1808
- Bates v. StearnsNew York Supreme Court · 1840
- Wright v. MilbankThe Superior Court of New York City · 1863