New York Supreme Court, 1889

Quinlan v. Stratton

Quinlan v. Stratton
New York Supreme Court · Decided December 10, 1889 · Dykman
7 N.Y.S. 786; 28 N.Y. St. Rep. 385; 55 Hun 606; 1889 N.Y. Misc. LEXIS 1302 (New York Supplement)

Counsel

Samuel W.Judson, for appellants. Frank N. O'Brien, (A. H. Dailey, of counsel,) for respondent.

Quinlan v. Stratton

Opinion of the Court

Dykman, J.

This 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.

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