Roberts v. Baumgarten
The Superior Court of the City of New York and Buffalo
Appeal from special term. Ejectment by Edward Roberts against August Baumgarten and others. The cause was tried by the court, a jury having been waived, and judgment was given for plaintiff. Defendants appealed to the general term, where the-judgment was reversed, (51 R. Y. Super.
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Appeal from special term. Ejectment by Edward Roberts against August Baumgarten and others. The cause was tried by the court, a jury having been waived, and judgment was given for plaintiff. Defendants appealed to the general term, where the-judgment was reversed, (51 R. Y. Super. Ct. 482,) and on appeal by plaintiff the court of appeals affirmed the order of the general term, (18 R. E. Rep. 96.) Plaintiff, on . his appeal to the court of appeals, stipulated that, if the order of the general term should be affirmed, judgment absolute should be entered for defendants. After the decision by the…
1Opinion of the CourtFreedman, J.
The question involved is a novel one. Many considerations have been advanced for and against the right to a new trial in a case like the present, under the provisions of the Code of Civil Procedure in force at the present time. The question can only be settled by the court of appeals, and it is important that it should be settled. As the learned judge who made the order appealed from rendered a well-considered opinion, I think it is best, especially in view of the rulings of the court of appeals in Godfrey v. Mosher, 66 N. Y. 250, Hiscock v. Harris, 80 N. Y. 402, and Conklin v. Snider, 104 N.…
2Cases cited3 opinions
- Godfrey v. . MoserNew York Court of Appeals · 1876
- Hiscock v. . HarrisNew York Court of Appeals · 1880
- Conklin v. . SniderNew York Court of Appeals · 1887