Lawrence v. . Ely
New York Court of Appeals
In this case there are two appeals by the Defendant—one from a judgment of the Supreme Court in the Seventh District, rendered in favor of the Plaintiff on the report of a referee; and the other from an order of the same Court, denying a motion for a new trial, on the ground of surprise and newly^discovered evidence. Ho argument is made to show error in the judgment.
Read the full summary
In this case there are two appeals by the Defendant—one from a judgment of the Supreme Court in the Seventh District, rendered in favor of the Plaintiff on the report of a referee; and the other from an order of the same Court, denying a motion for a new trial, on the ground of surprise and newly^discovered evidence. Ho argument is made to show error in the judgment. The action was on a promissory note made by the Defendant, dated 1st April, 1857, for $3,257.01, with interest, payable one day after date, to Eebecca Barnum or order, and by her endorsed to the Plaintiff. The defence was : (1)…
1Opinion of the Court
Hunt, Ch.J.
No question of law is involved in this order, and it is not appealable to this Court. An order granting a new trial ■ on the ground of newly-discovered evidence, surprise, misconduct of jurors, or the like, has always been considered as addressed to the discretion of the Court (Selden v. The Del. & Hud. Canal Co., 29 N. Y. R. 634; Young v. Davis, 30 N. Y. 134; Sherman v. Felt, 2 Com. 186 ; see also King v. Platt, 37 N. Y. * ; 34 How. Pr. R. 26, where all the eases are examined). In such cases this Court never attempts to review the action of the Court below. In Adams v. Bush (2…
2Cases cited3 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Young v. . DavisNew York Court of Appeals · 1864
- Peck v. HilerNew York Supreme Court · 1860
3Cited by9 opinions
- Gaines v. . Fidelity Casualty Co.New York Court of Appeals · 1907
- Adams v. BushNew York Court of Appeals · 1863
- People v. SheaNew York Supreme Court · 1896
- Postal Telegraph Cable Co. v. City of JamestownNew York Supreme Court · 1921
- Van Tassel v. New York, Lake Erie & Western RailroadNew York Court of Common Pleas · 1892
4 more not listed; retrieve them via the Exa API.