Purchase v. Mattison

There was plainly a mistrial. The judge trying the cause directed a verdict for the plaintiff, subject to the opinion of the court at the general term. This was really what was done. It was not a case where exceptions were taken; and instead of going to the special term the judge directed them to be heard in the first instance at the general term, and in the meantime suspended judgment. The defendants had taken various exceptions to the rulings of the judge rejecting evidence offered by them; and the facts entitling the plaintiff to recover, if at all, were controverted. The defendants had…