
    Bernard B. Christ, Respondent, v. Bradbury C. Chetwood, Appellant.
    (City Court of New York — General Term,
    April, 1894.)
    Where a motion for a new trial, on the ground of newly discovered evidence, is made on a case and exceptions and affidavits and denied, the successful party on affirmance of the order of denial is entitled to full costs.
    Appeal from an order granted at Special Term, allowing full costs, entered December 21, 1893.
    
      Herman G. Loew, for respondent.
    
      Edward Bartlett, for appellant.
   Conlan, J.

This is an appeal from an order granted at Special Term December 21, 1893, allowing full costs on Term on the 19th day of Hay, 1893, denying a motion for a new trial on the ground of newly discovered evidence. affirmance by the General Term of an order made at Special

The motion was made on a case and exceptions and also the affidavits, as appears from the order of the General Term.

We think this case is within the rule laid down in Whitney v. Saxe, 15 Civ. Proc. Rep. 450, and the order appealed from should be affirmed, with costs.

McCarthy, J., concurs.

Order affirmed, with costs.  