Lanman v. . the Lewiston Railroad Company

Johnson, Ch. J.

The plaintiffs had judgment in the Supreme Court at special term for damages and costs. The defendants appealed, and the court at general term, on that appeal, ordered a new trial, unless the plaintiffs would deduct ■a certain sum from the judgment; in case they consented to the deduction, judgment of affirmance was given as to the residue of the judgment. The plaintiffs did not consent to the deduction, but appealed to this court. In the notice oí appeal they stipulate that, if the order shall be affirmed, the deduction shall be made from the judgment and the residue thereof…