¶1This is an action for the foreclosure of a mortgage, and upon the trial the plaintiff had judgment. The defendants appealed from the judgment, and made and served a proposed case. Before the case was settled, the defendants moved, upon affidavits which are now printed among the papers submitted to us, for a new trial, without disclosing any grounds for the motion. The motion was denied, and the defendants have, appealed from the order of denial. The affidavits make no case for a new trial, and the practice was irregular. The order should be affirmed, with $10 costs and disbursements.
7 N.Y.S. 786
Quinlan v. Stratton
Decided December 10, 1889
New York Supreme Court · decided 1889-12-10
Action by John J. Quinlan against Emily A. Stratton and Samuel W. Judson to foreclose amortgage. Judgment was rendered for plaintiff, from which an appeal was taken, but defendants, before they had settled their proposed case, moved for a new trial.
Decided 1889-12-10