Pharis v. . Gere
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made Hay 15, 1885, which reversed a judgment in favor of plaintiff herein, and reversed an order denying a motion for a new trial, and ordered a new trial. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made Hay 15, 1885, which reversed a judgment in favor of plaintiff herein, and reversed an order denying a motion for a new trial, and ordered a new trial. The facts appear sufficiently in the opinion. This appeal brings up for review these judgments only, and not the order denying the motion for a new trial, as no jurisdiction was conferred upon the General Term to review that order. (People v. Fowler, 55 N. Y. 675; Batterman v. Finn, 40 id. 340; In re Larson, 96 id. 381; Fiester v. Sheppard, 92 id.…
1Opinion of the Court
Earl J.
There were several questions of fact „ litigated upon the trial of this action and submitted to the jury, and they rendered a verdict in favor of the plaintiff. The defendant made a motion for a new trial upon the minutes of the trial judge, which was denied. Subsequently a judgment was entered upon the verdict, and then the defendant appealed from the order denying the motion for a new trial and from the judgment to the General Term, where both the order and. judgment were reversed and a new trial was granted. The . plaintiff then appealed to this court giving the usual stipulation.
It…
2Cases cited1 opinion
- Wright v. . HunterNew York Court of Appeals · 1871
3Cited by7 opinions
- Pharis v. . GereNew York Court of Appeals · 1889
- Hart v. Ithaca ConservatoryNew York Supreme Court · 1932
- Buffalo Ice Co. v. CookSuperior Court of Buffalo · 1894
- Buffalo Ice Co. v. CookThe Superior Court of New York City · 1894
- Nelson v. Mayor of New YorkNew York Supreme Court · 1889
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