The Superior Court of New York City, 1889

Jonas v. Feist

The Superior Court of New York City · Decided April 15, 1889 · Dugro

24 Jones & S. 578; 23 N.Y. St. Rep. 628; 56 N.Y. Sup. Ct. 578

Counsel

Howe <6 Hummel for appellant, argued:—, Jacob Marks for respondent, argued:—

Opinion of the Court

By the Court.—Dugro, J.

This 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 this 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 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. World Mutual Life Ins. Co., 64 N. Y. 236; Thurber v. Harlem B. M. & F. R.R Co., 60 Ib. 326.

The judgment must therefore be affirmed.

Truax J., concurred.

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