Jackson ex dem. Fitzsimmons v. Fitzsimmons
New York Supreme Court
Practice on verdict subject to opinion of court. This cause was tried at the Saratoga circuit in May, 1829, and by the direction of the judge, a verdict was found for the plaintiff for the undivided half of the premises claimed, subject to the opinion of this court on a case to be made.
Read the full summary
Practice on verdict subject to opinion of court. This cause was tried at the Saratoga circuit in May, 1829, and by the direction of the judge, a verdict was found for the plaintiff for the undivided half of the premises claimed, subject to the opinion of this court on a case to be made. At the following term the plaintiff filed the nisiprius roll, with a postea endorsed thereon, as upon a general verdict for the plaintiff and the minutes of the clerk of the circuit also certifying a general verdict for the plaintiff, and entered a°rule for judgment nisi. A case was made and argued, and at the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The practice here, in a case like this, does not appear to be settled. According to the practice of the K. B. in England, when there is a verdict found for either party, subject to the opinion of the court above on a case made, the postea is stayed in the hands of the officer of nisi prius till the question is determined, and the *547verdict is then entered for the plaintiff or defendant, as the case may happen, 2 Tidd, 808, and such must be the practice here. The motion is granted.
2Cited by3 opinions
- O'Brien v. Lehigh Valley RailroadNew York Supreme Court · 1941
- Chittenden v. Empire Stone-Dressing Co.The Superior Court of New York City · 1856
- Crittenden v. Empire Stone Dressing Co.The Superior Court of New York City · 1856