Legal Opinion

Ayres v. Village of Hammondsport

New York Supreme Court

Decided September 7, 1887Published

Motion by plaintiff to set aside verdict for defendant and all proceedings thereunder for irregularity, in that the verdict was produced by improper and illegal influences brought to bear upon the jury, or some of them, or for such other order or relief as the court may see fit to grant in the premises.

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Motion by plaintiff to set aside verdict for defendant and all proceedings thereunder for irregularity, in that the verdict was produced by improper and illegal influences brought to bear upon the jury, or some of them, or for such other order or relief as the court may see fit to grant in the premises. The verdict was rendered at the Steuben circuit held at Bath on the first Monday of January, 1886, and this motion was originally heard upon voluminous affidavits, and thereupon the court, of its own motion, ordered a reference of the following questions of fact which arose upon the motion, to…

1Opinion of the CourtAngle, J.

—When this motion first came on to be heard upon affidavits, the counsel for the defendant, under a written stipulation between the attorneys which provided that either party should have the right to make and raise in writing any objection, preliminary or otherwise, to the *708motion papers, or any part thereof, and to move to strike out any affidavit or portion thereof of the other party and that, the court should note its decision, and either party should.be deemed to have and be allowed an exception to every decision overruling any of his or its objections, or denying any of his or its…

2Cases cited10 opinions

  1. Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
  2. Zabriskie v. Cleveland, Columbus, & Cincinnati RailroadSupreme Court of the United States · 1860
  3. Dwight v. . St. JohnNew York Court of Appeals · 1862
  4. People v. JewettNew York Supreme Court · 1831
  5. Thomas v. ChapmanNew York Supreme Court · 1865

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