Rhodes v. Union Railway Co.
This text of 108 N.Y.S. 949 (Rhodes v. Union Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
108 N.Y.S. 949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-union-railway-co-nyappterm-1908.