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Jonas v. Feist

5 N.Y.S. 436 Court General Term. Decision date 1889-04-15 English

Delivered by Dugro, J.

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p. 436
Jonas v. Feist.
(Superior Court of New York City,
General Term.
April 15, 1889.)

Headnote

Appeal—Review—Practice.
On appeal from, a judgment entered on the verdict of a jury, only errors of law arising on exceptions taken at the trial can be considered, and, where the only exception appearing in the record is to an order denying a motion for a new trial, the. judgment will be affirmed, as such motion is subsequent to the trial.
Appeal from jury term.
Action by Solomon Jonas against Simon Feist. A judgment was entered; on a verdict for plaintiff, and defendant appeals.
Argued before Tbuax and Dugro, JJ.
Howe (6 Hummel, for appellant, o Jacob Marks, for respondent.

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.

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