MacIvor v. Schwartzman

Order denying plaintiff’s motion for judgment and an extra allowance reversed on the law and the facts, without costs, motion granted, and judgment directed for plaintiff for the relief demanded in the complaint. The anomalous situation with respect to practice herein was due in part to the suggestion, in effect, of the trial court that the motion for judgment on behalf of the plaintiff would have to be made at a subsequent time. The verdict of the jury made of no practical moment any alleged issues of fact existing under the pleadings and proof, apart from the question thus submitted. The…