Pelletreau v. Jackson
New York Supreme Court
This was a motion for a mandamus to the judges of the superior court of the city of New-York to amend a bill of exceptions, settled by them by striking out parts thereof, and inserting matter proposed by the plaintiff in error, and rejected by them.
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This was a motion for a mandamus to the judges of the superior court of the city of New-York to amend a bill of exceptions, settled by them by striking out parts thereof, and inserting matter proposed by the plaintiff in error, and rejected by them. At the trial of the cause in the court below, after the evidence was closed, the jury, by consent of the parties? found a verdict for the plaintiff subject to the opinion of the court upon a case containing the facts adduced on the trial. A case was made and argued, and judgment rendered for the plaintiff, the defendant excepting to the decision…
1Opinion of the Court
By the Court,
Sutherland, J.
The bill of exceptions is in the ordinary form. The finding upon the fact's cannot be reviewed upon a writ of error, whether such finding be by the jury, or by the court substituted in their place by the consent of parties. Could it be beneficial to the plaintiff in error to have the fact stated that the verdict was found by consent, subject to the opinion of the court, we would direct the bill to be amended; but being of opinion that such alteration can have no effect upon the rights of the parties, the motion must be denied.
2Cited by3 opinions
- Hartung v. PeopleNew York Supreme Court · 1859
- Columbia Delaware Bridge Co. v. GeisseSupreme Court of New Jersey · 1875
- Yancy v. ShatzerOregon Supreme Court · 2004