Seaman v. Ward
New York Court of Common Pleas
Appeal by plaintiff from a judgment of tbe Marine Court. Tbis was an action for use and occupation and in which tbe complaint was dismissed in tbe court below. Tbe facts sufficiently appear in the opinion of tbe court.
1Opinion of the Court
Daly, J. —
The judgment in tbe former action was no bar. If no motion for a nonsuit is made, but the case is submitted to tbe justice by both parties for decision, be cannot render judgment of nonsuit; and if be enters such a judgment, it will be deemed and taken to be a judgment for tbe defendant. In tbis Case, a motion for nonsuit was made, but tbe decision was reserved. It was, therefore, competent for tbe justice to give *53judgment of nonsuit. The judgment, however, was of no effect. It was not rendered within four days after the trial. It was admitted, on the trial, that Justice McCarthy…
2Cases cited3 opinions
- Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
- Little v. MartinNew York Supreme Court · 1829
- Noble v. SmithNew York Supreme Court · 1806
3Cited by5 opinions
- Stephens v. SanteeNew York Supreme Court · 1868
- Smith v. McMillanNew York Supreme Court · 1895
- Wheeler v. RuckmanThe Superior Court of New York City · 1868
- Brown v. Mathewson, New York County Courts1911
- Gillilan v. SprattNew York Court of Common Pleas · 1871