Heineman v. Worth

Order granting the defendant’s motion to set aside the verdict and vacating the judgment and granting a new trial on the ground of newly-discovered evidence and order granting the same relief on reargument reversed on the law and the facts, with costs, and motions denied, with ten dollars costs. Although the defendant moved for a new trial at Special Term on the ground of newly-discovered evidence, he did not make a ease and procure the same to be settled or signed in the same manner as in an appeal from a judgment. (Civ. Prac. Act, § 552; Rules Civ. Prac. rule 221.) However, it affirmatively…