First National Bank v. Clark
New York Supreme Court
Appeal from an order made at tbe Erie Special Term and entered in Allegany county. The action, which was tried at the Allegany Circuit, where the plaintiff was nonsuited by the court, was brought to recover moneys alleged to have been deposited by Sliney and Whelan with the defendant, a private banker, the claim for which had been by them assigned to the plaintiff.
Read the full summary
Appeal from an order made at tbe Erie Special Term and entered in Allegany county. The action, which was tried at the Allegany Circuit, where the plaintiff was nonsuited by the court, was brought to recover moneys alleged to have been deposited by Sliney and Whelan with the defendant, a private banker, the claim for which had been by them assigned to the plaintiff. When the plaintiff rested the defendant moved for a nonsuit, which was granted, on the ground, as the case states, that the plaintiff failed to show a title to the moneys deposited. Thereupon the plaintiff, moved for a new trial…
1Opinion of the Court
Barker, J.:
The practice adopted at the circuit is without precedent, and was wholly unauthorized. By section 999 of the Code of Civil Procedure, the trial' judge may, in his discretion, entertain a motion upon his minutes, at the same term at which tbe trial was had, to set aside the verdict and grant a new trial upon exceptions ; or because the verdict is for excessive or insufficient damages; or otherwise contrary to the evidence, or contrary to law. Here there was a trial,but no verdict; and the trial judge at the circuit had no jurisdiction, and the order denying a new trial was erroneous…
2Cases cited7 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- White v. MunroeNew York Supreme Court · 1861
- Griffing v. BowmarSupreme Court of Louisiana · 1842
- Snyder v. WhiteNew York Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.