Blumert v. Hoes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William M. Hoes, as public administrator, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 10th day of December, 1907, upon the verdict of a jury, and also (as stated in the notice of appeal) from “the ruling and order ” denying the defendant’s motion to set aside the verdict and for a new trial.
1Opinion of the Court
Scott, J.:
The defendant appeals from the judgment and also from “ the ruling and order ” denying the motion to set aside the verdict and for a new trial. The cáse on appeal discloses no such order, although a motion seems to have been made and denied. • We are, therefore, confined to a consideration of the exceptions taken during the progress of the trial. Many of them relate to the exclusion of evidence which was properly excluded. The exception to the denial of defendant’s motion, at the close of the testimony, to dismiss the complaint requires, however, some consideration. The action is…
2Cited by1 opinion
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