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Corbett v. Clason

59 N.Y.S. 1101 Court N.Y. App. Div. Decision date 1899-06-16 English

Contents

Majority

p. 1101
CORBETT, Plaintiff, v. CLASON, Defendant.
(Supreme Court, Appellate Division, Second Department.
June 16, 1899.)

Headnote

Action by Robert B. Corbett against Augustus Clason.

The order directing a new trial should specify the day on which the new trial is to be had. Section 3065, Code Civ. Proc. This is in accordance with the practice in the First judicial department. As the charter requires the new trial to be had in the district in which the action was brought, it is not necessary to specify any place. Order resettled, so as to direct a new trial to be had on the 22d inst., in the district wherein the judgment was rendered. See 57 N. Y. Supp. 518 .