Legal Opinion

Scott v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1909Published

Appeal from Municipal Court, Borough of Brooklyn, Second District. Action by David Scott against Emily I. Smith and another. From an order of the Municipal Court of the City of New York granting a new trial, defendants appeal.

1Opinion of the CourtJenks, J.

The defendants appeal from an order of the Municipal Court that grants a new trial to the plaintiff for newly discovered evidence. This appeal lies as from a judgment (section 255, Municipal Court Act [Laws 1902, p. 1563, c. 580]), and is well taken, because such a motion requires a case made and yet there was none (Altmark v. Haimowitz [Appellate Term] 55 Misc. Rep. 195, 105 N. Y. Supp. 205; Harris v. Gregg, 4 App. Div. 615, 38 N. Y. Supp. 844; Davis v. Grand Rapids Fire Ins. Co., 5 App. Div. 36, 39 N. Y. Supp. 71; Nichols’ New York Practice, p. 2656). This motion cannot be regarded as made…

2Cases cited3 opinions

  1. Davis v. Grand Rapids Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  2. Altmark v. HaimowitzAppellate Terms of the Supreme Court of New York · 1907
  3. Harris v. GreggAppellate Division of the Supreme Court of the State of New York · 1896

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