Schultz v. . Greenwood Cemetery
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 26, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 26, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in its refusal to charge that if the jury believed that the plaintiff gave testimony at the Magistrate’s Court admitting taking the flowers, she could not recover in this action. (Farrell v. Friedlander, 63 Hun, 254; H. F. Ins. Co. v. Reynolds, 36…
1Opinion of the CourtO’Brien, J.
The judgment from which this appeal is taken was entered upon the verdict of a jury in an action for false imprisonment and malicious prosecution. The case comes here, by permission, under a unanimous affirmance by the Appellate Division and consequently the review in this court is restricted to questions of law raised by exceptions taken at the trial.
The complaint contains two causes of action, not stated separately, but commingled and tried in the same way as if but one cause of action was stated. There was no objection raised, however, as to the form of the pleadings, and hence the error,…
2Cases cited13 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Burt v. . SmithNew York Court of Appeals · 1905
- Burns v. . ErbenNew York Court of Appeals · 1869
- Heyne v. . BlairNew York Court of Appeals · 1875
- Holliday v. HollidayCalifornia Supreme Court · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- Smith v. County of NassauNew York Court of Appeals · 1974
- Jacques v. Sears, Roebuck & Co.New York Court of Appeals · 1972
63 more not listed; retrieve them via the Exa API.