¶1Where a motion for a new trial is founded both upon irregularity and newly discovered evidence, it is an enumerated motion.
¶2And the counsel having moved the matter as a non-enumerated motion, the papers were Teturned. without farther consideration.
¶3 Vid. Remsen v. Isaacs, 1 Caines’ Rep. 22; Foden & Slater v. Sharp 4 John. Rep. 183.