Legal Opinion

Lawrence v. . Ely

New York Court of Appeals

Decided January 5, 1868PublishedCited by 9 opinions

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.

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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

  1. People v. Superior CourtNew York Supreme Court · 1833
  2. Young v. . DavisNew York Court of Appeals · 1864
  3. Peck v. HilerNew York Supreme Court · 1860

3Cited by9 opinions

  1. Gaines v. . Fidelity Casualty Co.New York Court of Appeals · 1907
  2. Adams v. BushNew York Court of Appeals · 1863
  3. People v. SheaNew York Supreme Court · 1896
  4. Postal Telegraph Cable Co. v. City of JamestownNew York Supreme Court · 1921
  5. Van Tassel v. New York, Lake Erie & Western RailroadNew York Court of Common Pleas · 1892

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