The Practice in Actions And Special Proceedings in the Courts of Record of the State of New York, Under the Code of Civil Procedure
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The defendant is not at liberty to move for a new trial, on the ground that the damages given to the plaintiff were too small. {Horton v. Bloom, 33 Super. 115; Wolf v. Goodhue F. Ins. Co., 43 Barb.
400).
ARTICLE VI.
MOTION FOR NEW TRIAL ON EXCEPTIONS.
A motion for a new trial upon this ground, may be made either upon the minutes, or at special term on a case and exceptions.
The rules, which are to be appUed in the decision of the motion, are the same as those which are applied upon the hearing ...of an appeal from a judgment; and they will be considered under the subject of appeals; to which reference is made.
ARTICLE VII.
THE ORDER.
SECTION.
1. Form and entry of the order.
3. Terms.
8. Effect of the order.
Sec. 1. Form and entry of the order.
Where an order grants or refuses a new trial, except on the exceptions taken during the trial, it shall specify 422 PRACTICE.
the grounds upon which the motion was made, and the ground or grounds upon whiph it was granted. (Gen.
Eule, 31).
Before this rule was amended to read as quoted above, where a motion for a new trial had been made upon ex- ceptions, or because the verdict was against evidence, and it was granted on payment of costs, without stating the grounds; it was held that the presumption was, that it was made upon the latter ground.
What to read after The Practice in Actions And Special Proceedings in the Courts of Record of the State of New York, Under the Code of Civil Procedure?
You can find similar books in the "Read Also" column, or choose other free books by William Ramsey to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The defendant is not at liberty to move for a new trial, on the ground that the damages given to the plaintiff were too small. {Horton v. Bloom, 33 Super. 115; Wolf v. Goodhue F. Ins. Co., 43 Barb.
400).
ARTICLE VI.
MOTION FOR NEW TRIAL ON EXCEPTIONS.
A motion for a new trial upon this ground, may be made either upon the minutes, or at special term on a case and exceptions.
The rules, which are to be appUed in the decision of the motion, are the same as those which are applied upon the hearing ...of an appeal from a judgment; and they will be considered under the subject of appeals; to which reference is made.
ARTICLE VII.
THE ORDER.
SECTION.
1. Form and entry of the order.
3. Terms.
8. Effect of the order.
Sec. 1. Form and entry of the order.
Where an order grants or refuses a new trial, except on the exceptions taken during the trial, it shall specify 422 PRACTICE.
the grounds upon which the motion was made, and the ground or grounds upon whiph it was granted. (Gen.
Eule, 31).
Before this rule was amended to read as quoted above, where a motion for a new trial had been made upon ex- ceptions, or because the verdict was against evidence, and it was granted on payment of costs, without stating the grounds; it was held that the presumption was, that it was made upon the latter ground.
What to read after The Practice in Actions And Special Proceedings in the Courts of Record of the State of New York, Under the Code of Civil Procedure?
You can find similar books in the "Read Also" column, or choose other free books by William Ramsey to read onlineMoreLess
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