Jonas v. Feist

The Superior Court of the City of New York and Buffalo

Decided April 15, 1889

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

<p>Appeal—Review—Practice.</p> <p>On appeal from, a judgment entered on the verdict of a jury, only errors of law arising on exceptions taken at the trial can be considered, and, where the only exception appearing in the record is to an order denying a motion for a new trial, the. judgment will be affirmed, as such motion is subsequent to the trial.</p>

Relies on Thurber v. . Harlem B., M. F.R.R. Co. · Boos v. . World Mutual Life Insurance Co.

Decided 1889-04-15

Dugro, J.

¶1This is an appeal from a judgment entered on the verdict of a-jury. Errors of law arising on exceptions taken at the trial are therefore-alone before the court for consideration. The only exception which appears in the case is one to an order denying a motion for a new trial. Such an exception is not, therefore, available for any purpose. On trials by jury the-only subjects for exceptions are rulings at the trial. The 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. Insurance Co., 64 N. Y. 236; Thurber v. Railroad Co., 60 N. Y. 326. The judgment must therefore be affirmed.

¶2Tbuax, J., concurs.