Rhodes v. Union Railway Co.

Appellate Terms of the Supreme Court of New York

Rhodes v. Union Railway Co.

108 N.Y.S. 949

Appellate Terms of the Supreme Court of New York·Decided March 5, 1908·Published·Cited by 1 cases

Opinion

PER CURIAM.

The order appealed from was made upon a motion pursuant to section 255 of the Municipal Court act (Laws 1902, p. 1563, c. 580), upon the pleadings, a portion of the testimony, and affidavits, on the ground of newly discovered evidence, and because of fraud. Under the decision of this court in Altmark v. Haimowitz, 55 Misc. Rep. 195, 105 N. Y. Supp. 205, the order of the court below, not having been made upon a case settled, was improper, and therefore should be reversed, and the judgment reinstated.

Order reversed, with costs, and judgment reinstated.

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PER CURIAM.

The order appealed from was made upon a motion pursuant to section 255 of the Municipal Court act (Laws 1902, p. 1563, c. 580), upon the pleadings, a portion of the testimony, and affidavits, on the ground of newly discovered evidence, and because of fraud. Under the decision of this court in Altmark v. Haimowitz, 55 Misc. Rep. 195, 105 N. Y. Supp. 205, the order of the court below, not having been made upon a case settled, was improper, and therefore should be reversed, and the judgment reinstated.

Order reversed, with costs, and judgment reinstated.

Rhodes v. Union Railway Co., 108 N.Y.S. 949 (N.Y. Ct. App. 1908).

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Opinion

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