 | Nathan Howard (Jr.) - Civil procedure - 1867 - 634 pages
...of then- exclusion, if it was one, as I think it Gillian agt. Norton. was, is therefore ground for reversal of the judgment and the granting of a new trial. The judgment should be reversed and a new trial ordered costs to abide the event. NEW YOEK SUPERIOR COURT. EDWABD... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 858 pages
...been made. The error of their exclusion, if it was one, as I think it was, is therefore ground for a reversal of the judgment, and the granting of a new trial. The judgment should be reversed, and a new trial ordered ; costs to abide the event. Reversed. JOEL TIFFANY, State... | |
 | Nathan Howard (Jr.) - Civil procedure - 1870 - 720 pages
...opinion on the main facts disclosed by the testimony, and waiving their consideration, I shall vote for a reversal of the judgment and the granting of a new trial solely upon the erroneous ruling of the referee, as I consider it, on a single point. It is the rejection... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1870 - 712 pages
...not within the difficulties of construction that were encountered in 7 Hill and 4 Selden. I am for a reversal of the judgment and the granting of a new trial upon the usual terms. SELDEN, Ch. J., and GOULD, J., concurred in this opinion. Judgment affirmed.... | |
 | Law reports, digests, etc - 1915 - 1200 pages
...and the granting of a new trial for error committed to the prejudice of one defendant, necessitated a reversal of the judgment and the granting of a new trial as to all of the defendants. This rule, however, has been materially modified, if not entirely superseded,... | |
 | Law reports, digests, etc - 1914 - 1130 pages
...which It was maintained. The instruction was therefore erroneous, and the exception to It requires a reversal of the judgment and the granting of a new trial, with costs to abide event WILLARD BARTLETT, CJ, and HISCOCK and CARDOZO, JJ., concur. CHASE and CUDDEBACK,... | |
 | Law reports, digests, etc - 1911 - 1320 pages
...42 NY Supp. 358, sc 162 NY 594, 57 NE 1123; Smith v. The Mayor, 12 App. Div. 391, 42 NY Supp. 522. Therefore, on the theory which prevailed at the trial,...reversal of the judgment and the granting of a new trial. Judgment and order reversed and a new trial granted, costs to abide the event. All concur. <69 Misc.... | |
 | Law reports, digests, etc - 1906 - 1270 pages
...against the appellant and the serious consequences following it, that justice will be best subserved by a reversal of the judgment, and the granting of a new trial. On such new trial, unless the evidence shall be changed, the only question to be considered will be... | |
 | Law reports, digests, etc - 1889 - 1064 pages
...the power to review tlie merits, we do not think the defendant presents a case which calls for the reversal of the judgment, and the granting of a new trial. The evidence is conflicting, and we are convinced that it does not preponderate in favor of defendant so... | |
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... a reversal of the judgment and the granting of a new trial as to all of the defendants. 
