Legal Opinion

Lyon v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by the plaintiff, James E. Lyon, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 22d day of November, 1897, upon the verdict of a jury (except that part which adjudges that the- plaintiff recover the sum of $2,440), and especially from that portion of said judgment which makes a deduction of $170,92, and" that portion which adjudges that "the defendant recover judgment against the, plaintiff on the second cause…

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Appeal by the plaintiff, James E. Lyon, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 22d day of November, 1897, upon the verdict of a jury (except that part which adjudges that the- plaintiff recover the sum of $2,440), and especially from that portion of said judgment which makes a deduction of $170,92, and" that portion which adjudges that "the defendant recover judgment against the, plaintiff on the second cause of action; and also from so much of two orders entered in "said clerk’s, office on the 27th day of" October, 1897^ and…

1Opinion of the Court

Rumsey, J.:

The complaint contains two causes of action, both of which were put in issue at the trial. Thé plaintiff recovered a verdict upon the first cause of action and the defendant ■ succeeded on the second. Each party entered a judgment upon -that portion of "the verdict - which was in his favor, and the plaintiff has appealed from the judgment which was entered against him by the defendant upon the verdict in her favor-on the second cause, of action. The plaintiff in the first place objects to the regularity of the verdict because he says that it was not the one rendered by the jury.…

2Cases cited2 opinions

  1. Rogan v. MullinsAppellate Division of the Supreme Court of the State of New York · 1897
  2. Crossman v. LurmanAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Rippley v. FrazerNew York Supreme Court · 1910

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