Jonas v. Feist

5 N.Y.S. 436, 1889 N.Y. Misc. LEXIS 3026

• Court: The Superior Court of the City of New York and Buffalo
• Decided: April 15, 1889
• Status: Published

Opinion

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 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.

Tbuax, J., concurs.