Donnelly v. McArdle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Patrick J. McArdle, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the. 4th day of January, 1896, vacating a judgment recovered by the defendant against the plaintiff and granting a new trial of the action upon condition that the plaintiff pay certain costs.
1Opinion of the Court
O’Brien, J.:
The application for a new trial (from the order ■ granting which this appeal is taken) was made to the same learned justice before whom the case had been brought for trial, and who had dismissed the complaint. After fully hearing counsel and reviewing all the facts he disposed of the application in an opinion, in which he says: “ There can bei no doubt that the plaintiff has not had such a trial as he was entitled to. This has resulted from misapprehension of the real status of the case—misapprehension for which the plaintiff was certainly in a measure responsible, tlpon the trial…
2Cited by16 opinions
- Purinton v. PurintonSouth Dakota Supreme Court · 1918
- Ellis v. HearnAppellate Division of the Supreme Court of the State of New York · 1909
- Morgan v. OwnbeySuperior Court of Delaware · 1916
- Hanbury v. Metropolitan Securities Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Archer v. ArcherAppellate Division of the Supreme Court of the State of New York · 1916
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