Jonas v. Feist — 23 N.Y. St. Rep. 628

Majority

p. 628

Solomon Jonas, Plaintiff and Respondent, v. Simon Feist, Defendant and Appellant.

(New York Superior Court, General Term,

Filed April 15, 1889.)

Headnote

Appeal—Exceptions—Tblal by jüby—What bbyiewable by general term.

On a trial by jury, the only subjects for exceptions reviewable by the general term, are rulings at the trial. ' But where there are no exceptions to any ruling of the court at the trial, but only to an order denying a new trial, which was a proceeding subsequent to the trial, such exception is not available for any purpose. The appeal being from the judgment only, the judgment must be affirmed.

Howe & Hummel, for app’lt; Jacob Marks, for resp’t.

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 by1 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. World Mutual Life Insurance Company, 64 N. Y., 236 ; Thurber v. The Harlem Bridge, Morrisania and Fordham Railroad Company, 60 id., 326 .

The judgment must, therefore, be affirmed.

Truax, J., concurs.