Snell v. Snell
New York Supreme Court
Appeal from a judgment upon a verdict. This was an action for slander, brought by Jeremiah Snell against Seffrenus Snell. The slanderous words complained of, amounted to a charge against the plaintiff of having stolen from the surrogate’s office the will of one Jacob P. Snell. The complaint contained seven different counts, and claimed special damages for injury to plaintiff’s business as a merchant.
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Appeal from a judgment upon a verdict. This was an action for slander, brought by Jeremiah Snell against Seffrenus Snell. The slanderous words complained of, amounted to a charge against the plaintiff of having stolen from the surrogate’s office the will of one Jacob P. Snell. The complaint contained seven different counts, and claimed special damages for injury to plaintiff’s business as a merchant. Five of the counts were for words spoken in the German language; two were for words in English. The answer was a general denial. Upon the trial several exceptions were taken to the ruling of the…
1Opinion of the Court
By the Court, W. F. Allen, J.
The motion in arrest of judgment, if such motion is known to the present system of practice, is not before us, as there is no appeal from the order denying the motion, and the record proper makes no mention of it, or of the decision of the court thereon. The statement in the case in regard to it is out of place, as the case properly only relates to the proceedings upon the trial, and not to proceedings in the action before or after the trial. If the defendant had intended to appeal from the order, or to review it under section 329 of the Code, upon the appeal from…
2Cases cited2 opinions
- Case v. BuckleyNew York Supreme Court · 1836
- Postley v. MottNew York Supreme Court · 1846