L'Artiste Pub. Co. v. Walker
New York Court of Common Pleas
Appeal from First district court. Action by L’Artiste Publishing Company against Isaac Walker. There was a judgment in favor of defendant, and plaintiff appeals.
1Opinion of the CourtBookstaver, J.
This is the second appeal to this court in this action. Upon the first trial the district court found against the plaintiff upon one cause of action and in his favor upon the second. On appeal to this court, we held that the determination of the court upon these two issues presented an inconsistency which would require reversal of the judgment. Upon the second trial it was stipulated that the testimony upon the former trial should be regarded as the testimony upon such second trial, and no other testimony was offered, except for the purpose of explaining the absence of a witness. Upon this…
2Cases cited2 opinions
- McKindly v. DunhamWisconsin Supreme Court · 1882
- Sier v. BacheNew York Court of Common Pleas · 1894
3Cited by1 opinion
- L'Artiste Pub. Co. v. WalkerNew York Court of Common Pleas · 1895