Lee v. Curtiss
New York Supreme Court
THIS was an action of covenant, on a covenant of warranty ⅛ a deed, to which the defendant pleaded non est factum, with notice, pursuant to the statute, of special matter, «fee. to be given in evidence. At the trial, the deed was proved, and a verdict was taken, subject to the opinion of the court, on the question of eviction.
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THIS was an action of covenant, on a covenant of warranty ⅛ a deed, to which the defendant pleaded non est factum, with notice, pursuant to the statute, of special matter, «fee. to be given in evidence. At the trial, the deed was proved, and a verdict was taken, subject to the opinion of the court, on the question of eviction. The judgment of the court being in favor of the defendant, it was entered upon the record generally, for him, according to the issue of non est factum. now moved to amend the judgment record, by striking out the verdict and judgment, and entering, in their stead, a…
1Per curiam
Let the record be amended by striking out the verdict and judgment, and entering, in their stead, a judgment of nonsuit.
Rule accordingly.
2Cited by4 opinions
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- Williams v. WheelerNew York Supreme Court · 1847
- Messenger v. BroomWisconsin Supreme Court · 1846
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863