Langer v. Gross

Per Guriam.

An appeal from an order of the General Term of the City Court affirming an order denying a motion for a new trial does not lie to this court. We are, therefore, precluded from considering the sufficiency or weight of the evidence, especially as no mention was made at the close of the plaintiff’s case to dismiss the complaint or at the close of the entire case either to dismiss or to direct a verdict.

The court substantially charged every request made by the counsel for the defendants. There was but one exception taken to the charge and that is obviously untenable.

We think, however,…