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Birch v. Loyd

65 N.Y. St. Rep. 869 Court N.Y. Sup. Ct. Decision date 1895-02-11 English

Delivered by Dykman, J.

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Majority

p. 869
Birch et al., App’lts, v. Loyd, Resp’t.
Sup. Ct., 2 D.,
February 11, 1895.
John G. Van Etten, for app’lts; John C. R. Taylor, for resp’t.

There are three appeals in this case,—one from the judgment entered upon the verdict in favor of the defendant after a trial at the circuit, one from the order denying a motion for a new trial upon the minutes of the

p. 870
court, and one from an order denying a motion for a new trial on the ground of newly-discovered evidence,—and the appeals are all entirely destitute of merit. Justice has been done, and the judgment and order denying the motion for a new trial on the minutes should be affirmed, with costs, and the order denying the motion for a new trial upon newly-discovered evidence should be affirmed, with $10 costs and disbursements, without an opinion.