People ex rel. Oelricks v. Superior Court
Court for the Trial of Impeachments and Correction of Errors
This was a motion for a mandamus to the judges of the Superior Court of the city of New York, to vacate a rule granting a new trial in an action brought in that court in favor of E. G. Oelricks against the Phcenix Bank. The plaintiff sought to recover the amount of a draft for $2500, deposited with the bank for collection, on the ground of neglect in transmitting the bill to Baltimore, on which place it was drawn.
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This was a motion for a mandamus to the judges of the Superior Court of the city of New York, to vacate a rule granting a new trial in an action brought in that court in favor of E. G. Oelricks against the Phcenix Bank. The plaintiff sought to recover the amount of a draft for $2500, deposited with the bank for collection, on the ground of neglect in transmitting the bill to Baltimore, on which place it was drawn. The main question of fact in the case was, whether the note was left with the bank before twelve o'clock or after on Saturday, 30th of May, 1839. Under a charge from the presiding…
1Opinion of the Court
Sutherland, J.,
delivered the opinion of the Supreme Court The court held that the plaintiffs were guilty of great negligence in not procuring the “ newly discovered evidence, and also that it was merely cumulative evidence in the strictest sense of the term; and that upon either ground, if it had' *329been an application in that court, the motion for a new trial would have been refused,” p. 122.
Mr. Justice Sutherland then proceeds:
“ But it is contended, that admitting the court below to have erred, in granting a new trial, still it is a matter of discretion, not depending upon any fixed and…
2Cases cited7 opinions
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- People ex rel. Fleming v. Niagara C. P.New York Supreme Court · 1834
- People v. Onondaga C. P.New York Supreme Court · 1833
- People ex rel. Mapes v. Columbia C. P.New York Supreme Court · 1831
- Ex parte BensonNew York Supreme Court · 1827
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