Moses v. Hargrove
Appellate Terms of the Supreme Court of New York
Ajppeal from an order made by the justice of '¡the Municipal" Court, borough of Manhattan, seventh district, granting a motion for a new trial, on the ground of surprise and newly-discovered’ evidence after judgment dismissing the complaint, with costs.
1Per curiam
We are of opinion that an appeal does not he to this court, from the order in question, inasmuch as no statutory authority for such an appeal can be discovered; and it is only by virtue of some statutory provision that this court can entertain any appeal from judgments or orders rendered in the Municipal Courts. It is claimed that such jurisdiction is conferred upon us under the provisions of chapter 748 of the Laws of 1896. That statute, however, seems to authorize an appeal only from two classes of orders, viz.: First, from orders opening default and setting aside, vacating or modifying…
2Cases cited1 opinion
- Argall v. JacobsNew York Supreme Court · 1878