Christ v. Chetwood — 58 N.Y. St. Rep. 815

Majority

p. 815

Bernard B. Christ, Resp’t, v. Bradbury C. Chetwood, App’lt.

(New York City Court, General Term,

Filed April 23, 1894.)

Headnote

Appeal—Order granting costs.

An order allowing full costs on affirmance, by the general term, of an order, denying a motion for a. new trial on the ground of newly discovered evidence, made on a case and exceptions, will he affirmed on appeal.

Edward Bartlett, for app’lt; Herman Q. Loow, for resp’t.

This is an appeal from an order granted at special term, December 21, 1893, allowing full costs on affirmance by the general term of an order made at special term on the 19 th day of May, 1893, denying a motion for a new trial on ground of newly discovered evidence. The motion was made on a case and exceptions and also the affidavits as appears from the order of the-general term at fol. 8. We think this case is within the rule laid down in Whitney v. Saxe, 15 Civ. Pro. 450 ; 18 St. Rep. 1020 , and the order appealed from should be affirmed, with costs.

All concur.