Phyfe v. Masterson
The Superior Court of New York City
Appeal from order granting defendant’s motion for second new trial, under the statutes, regarding new trials in ejectment. The action was in ejectment. The plaintiff claimed as lessee from the corporation of the city of New York, for the term of one thousand years, on a sale for unpaid taxes. The defendant had, after the first trial, claimed and procured a new trial. The motion for the order appealed from was for a second new. trial.
1Opinion of the Court
■By the Court.—Sedgwick, J.—The
The learned counsel for the appellant claims, that the judgment vacated is not of a kind that section 36 of 2 R. S. (p. 309, tit. 1, pt. 3, c. 5) describes, and that section 37, empowers the court to vacate. The ground of this claim is, that the judgment was rendered on the order of the general term, and not. upon the verdict of a jury. This is erroneous. A verdict was given by the jury. *341The court at the trial ordered that the entering of judgment thereon be stayed, and that the defendants’ exceptions be heard in the first instance at general term. The…
2Cases cited1 opinion
- Wright v. MilbankThe Superior Court of New York City · 1863