Morange v. Morris
New York Supreme Court
Motion to dismiss appeal. This action was tried by a justice of the court and a jury, and exceptions were taken on the trial, to questions of law in the charge of the justice to the jury. Judgment was entered for the plaintiff, and from this judgment the defendant now appealed.
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Motion to dismiss appeal. This action was tried by a justice of the court and a jury, and exceptions were taken on the trial, to questions of law in the charge of the justice to the jury. Judgment was entered for the plaintiff, and from this judgment the defendant now appealed. The exceptions, which were duly settled, were not passed on by the court at special term, and no order was made either sustaining or overruling them, nor was there any order directing them to be heard in the first instance at the general term.
1Opinion of the Court
By the Court.*—Hogeboom, J.
—Notwithstanding the provisions of the Code, and repeated judicial decisions, the proper mode of reviewing alleged errors committed at the trial'of causes, does not appear to be entirely settled, nor the practice altogether uniform. It may not, therefore, be wholly unprofitable again to recur to it. I allude now exclusively to questions upon the merits, and not to mere irregularities in the proceedings.
Three modes of trial are recognized by the Code, trial by the court, trial by referees, and trial by jury. It is the last of these, and the mode of reviewing errors…
2Cases cited5 opinions
- Cobb v. . CornishNew York Court of Appeals · 1858
- Benedict v. CaffeThe Superior Court of New York City · 1854
- Fry v. BennettThe Superior Court of New York City · 1858
- Watson v. ScrivenNew York Supreme Court · 1852
- Taylor v. HarlowNew York Supreme Court · 1855