New York Supreme Court September 15, 1853 (Saratoga & Washington Railroad v. McCoy)

C. L. Allen, Justice.

It is objected that this application should have been made at the trial of the cause, and that it is too late to make it now. In the case of Osborne agt. Betts, (8 How. 31,) Justice Parker remarks that the application can ■only be made under rule 82 to the court before whom the trial is had, or the judgment rendered.