New York Court of Appeals January 5, 1868 (Lawrence v. . Ely)

Hunt, Ch.J.

No question of law is involved in this order, and it is not appealable to this Court. An order granting a new trial

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on the ground of newly-discovered evidence, surprise, misconduct of jurors, or the like, has always been considered as addressed to the discretion of the Court (Selden

v.

The Del. & Hud. Canal Co., 29 N. Y. R. 634; Young

v.

Davis, 30 N. Y. 134; Sherman

v.