Cowenhoven v. . Ball
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1886, which ordered judgment upon a verdict directed for defendant at the circuit, subject to the opinion of the General Term. This was an action of ejectment. The facts material to the appeal are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1886, which ordered judgment upon a verdict directed for defendant at the circuit, subject to the opinion of the General Term. This was an action of ejectment. The facts material to the appeal are set forth in the opinion. If there is any conflict of evidence in a case, or if exceptions have been taken to rulings on the tidal by the defeated party, it is error to direct a verdict subject to the opinion of the court at General Term and a mistrial for which the…
1Opinion of the CourtBrown, J.
When the plaintiff rested his case at the trial, the court directed a verdict for'the defendant subject to the opinion of the General Term.
Such a direction was proper under section 1185 of the Code, if the facts were undisputed and the case presented questions of law only. (Howell v. Adams, 68 N. Y. 314.)
Judgment was ordered by the General Term upon the verdict so directed and the plaintiff has appealed to this court.
The return contains the case as heard at the General Term with the judgment-roll, but no statement of facts or of the questions of law arising thereon, or the determination of…
2Cases cited8 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Fisher v. . HepburnNew York Court of Appeals · 1871
- Howell v. . AdamsNew York Court of Appeals · 1877
- Briggs v. MerrillNew York Supreme Court · 1870
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- Clark v. . WestNew York Court of Appeals · 1908
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Dodge v. . CorneliusNew York Court of Appeals · 1901
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