Ely v. McNight

By the court, Bockes, J.

The case is before us on an appeal from an order. The cause was tried at circuit by jury, and a verdict was rendered in favor of the defendant; thereupon, according to the record, “ the entry of judgment was stayed to the end that plaintiff might move for a new I trial on a case containing exceptions, the same to be heard in the first instance at general term.” A case containing exceptions was made, but instead of moving thereon at general term, a motion for a new trial was made at special term, which motion was granted, with costs to abide the event of the suit, and…