Lawrence v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Y. Lawrence, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the . office of the clerk of the county of Westchester on the 1st day of July, 1902, setting aside a verdict in favor of thé plaintiff and granting a new trial unless the plaintiff stipulate to reduce the amount of the verdict. "
1Opinion of the Court
Woodward, J. :
The learned justice presiding at the trial of this action has granted a motion made by the defendant, under the provisions of section 999 of the Code of Civil Procedure, setting aside the verdict of the jury and granting a new trial unless the plaintiff should stipulate to accept the sum of $75 in place of $400, which the jury found. The action was brought for conversion and the defendant offered judgment for $100, which the plaintiff declined to accept. This appeal brings up the question of the authority of the trial court to make this conditional order and, incidentally, the…
2Cases cited6 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Van Beuren v. . WotherspoonNew York Court of Appeals · 1900
- Lund v. SpencerAppellate Division of the Supreme Court of the State of New York · 1899
- Lawrence v. . ChurchNew York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Auerbach v. Internationale Wolfram Lampen Aktien GesellschaftDistrict Court, S.D. New York · 1910
- Dembitz v. Orange County Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Miller v. LuceyAppellate Division of the Supreme Court of the State of New York · 1928
- Dembitz ex rel. Dembitz v. Orange County Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Dembitz v. Orange County Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911