Christie v. Bloomingdale

Gould, Justice.

This motion is claimed to come under section 30, title 1, chap. 5, part 3, of the Revised Statutes (5th edition, 3d vol, p. 596). And the defendant insists that he is, as a matter of right, entitled to the granting of the motion. The preceding section (29), however, is to be taken in immediate connection with section 30. And section 29 says, “ every judgment, &c., rendered upon a verdict," &c.; and then section SO says, “ the court in which such judgment shall have been rendered,” &c., “ shall vacate such judgment and grant a new trial in such cause.”

These two sections make it…