Jonas v. Feist

Decided April 15, 1889

The Superior Court of New York City · decided 1889-04-15

<p> ■New trial, motion for, is a proceeding subsequent to the trial, reviewable only by appeal. </p> <p>On an appeal from a judgment entered upon the verdict of a jury, the errors arising upon exceptions taken at the trial, are the only errors that can be considered by the court. An exception to an order denying a motion for a new trial, is not available for any purpose on the appeal from the judgment. Such an order is reviewable only by an appeal from the same.</p>

Relies on Boos v. . World Mutual Life Insurance Co.

Decided 1889-04-15

By the Court.—Dugro, J.

¶1This is an appeal from a judgment entered on the verdict of a jury.

¶2Errors of law arising on exceptions taken at the trial are therefore alone before this court for consideration.

¶3The only exception which appears in the case is one to an order denying a motion for a new trial. Such an exception is not available for any purpose.

¶4On trials by jury the only subjects for exceptions are rulings at the trial.

¶5The motion for a new trial is a proceeding subsequent to the trial, and an order made on such motion is reviewable only by appeal. Boos v. World Mutual Life Ins. Co., 64 N. Y. 236; Thurber v. Harlem B. M. & F. R.R Co., 60 Ib. 326.

¶6The judgment must therefore be affirmed.

¶7Truax J., concurred.