 | Law reports, digests, etc - 1913 - 1290 pages
...to reverse, affirm, or modify any judgment or order appealed from and render judgment accordingly, except where it may be necessary or proper to grant...hearing, when it may grant a new trial or hearing, and, whatever may have heretofore been the power of the Appellate Term in that respect, it is clearly... | |
 | Law reports, digests, etc - 1914 - 1254 pages
...Judgment upon the right of any or all of the parties or judgment of modification thereon according to law, except where it may be necessary or proper to grant a new trial." That this provision is intended to apply to actions at law, as well as suits in equity, is made clear... | |
 | Law reports, digests, etc - 1913 - 1288 pages
...amended in 1912 (Laws 1912, c. 380), now explicitly directs this court to render a final judgment, except where it may be necessary or proper to grant a new trial, and to give judgment without regard to technical errors or defects, or to exceptions which do not affect... | |
 | New York (State), George Bliss - Civil procedure - 1912 - 602 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to...hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon... | |
 | Law reports, digests, etc - 1913 - 1282 pages
...final judgment upon the right of any or all of the parties, or judgment of modification, according to law, except where It may be necessary or proper to grant a new trial or hearing, when it may grant such new trial or hearing, the Appellate Division has power, In causes tried before the court, and... | |
 | New York State Bar Association - Bar associations - 1913 - 1302 pages
...parties, or judgment of modification thereon, according to law, except where it may be proper or necessary to grant a new trial or hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon... | |
 | Law reports, digests, etc - 1914 - 1254 pages
...judgments upon the right of any or all of the parties, or judgment of modification thereon, according to law except where it may be necessary or proper to grant a new trial or hearing, when it man grant a new trial or hearing. When a trial has been before a jury, the judgment of the Appellate... | |
 | New York (State). Board of Statutory Consolidation - Civil procedure - 1915 - 358 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to...hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon... | |
 | Law - 1915 - 614 pages
...a matter of course. As to this Lamport v. Smedley is explicit. Sec. 1317, as amended, gives power, "where it may be necessary or proper," to grant a new trial; and the appellant urged that "a new trial is always necessary and proper when it is conceivable that... | |
 | New York (State) - Civil procedure - 1916 - 1682 pages
...judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to...hearing, when it may grant a new trial or hearing. When a trial has been before a jury, the judgment of the appellate court must be rendered either upon... | |
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It shall thereupon render judgment of affirmance, judgment of reversal and final judgment upon the right of any or all of the parties, or judgment of modification thereon, according to law, except where it may be necessary or proper to grant a new trial... 
