Bailey v. Park

New York Supreme Court

Bailey v. Park

12 N.Y. Sup. Ct. 41

DecidedJune 15, 1875

StatusPublished

This text of 12 N.Y. Sup. Ct. 41 (Bailey v. Park) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. Park, 12 N.Y. Sup. Ct. 41 (N.Y. Super. Ct. 1875).

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Opinion

E. DaewiN SMITH, J. :

It seems to be the settled rule that where the court grants a new trial on the ground that the verdict is against the evidence, it can only be ordered on the payment of costs. ( Ward v. Woodburn, 27 Barb., 346; North v. Sergeant, 14 Abb., 226; S. C., 33 Barb., 352; East River Bank v. Hoyt, 22 How., 480.)

In the case of Boyer v. Brown (noted in 4 N. Y. S. C., 698), the verdict was set aside by the county judge, on the ground that [42]*42the verdict was against the evidence and the law as laid down by the court.

The order should be modified by striking out the words, “ with costs to abide the event,” and the words substituted, “upon the payment of costs,” and as so amended affirmed.

Present — MulliN, P. J., Smith and Gilbert, JJ.

Ordered accordingly.

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E. DaewiN SMITH, J. :

It seems to be the settled rule that where the court grants a new trial on the ground that the verdict is against the evidence, it can only be ordered on the payment of costs. ( Ward v. Woodburn, 27 Barb., 346; North v. Sergeant, 14 Abb., 226; S. C., 33 Barb., 352; East River Bank v. Hoyt, 22 How., 480.)

In the case of Boyer v. Brown (noted in 4 N. Y. S. C., 698), the verdict was set aside by the county judge, on the ground that [42]*42the verdict was against the evidence and the law as laid down by the court.

The order should be modified by striking out the words, “ with costs to abide the event,” and the words substituted, “upon the payment of costs,” and as so amended affirmed.

Present — MulliN, P. J., Smith and Gilbert, JJ.

Ordered accordingly.

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12 N.Y. Sup. Ct. 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-park-nysupct-1875.

Opinion

E. DaewiN SMITH, J. :

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