Barnasky v. New York, Ontario & Western Railway Co.

Majority

p. 921

John Barnasky, Appellant, v. New York, Ontario and Western Railway Company, Respondent.

Order permitting a motion to be made at Special Term for a new trial upon the minutes of the judge, under section 999 of the Code of Civil Procedure, reversed, and the motion denied, without costs. Held, that the motion for a new trial under section 999 of the Code of Civil Procedure, upon the minutes of the judge, could only be entertained at the term at which the action was tried. All concurred.