Lentilhon v. Mayor of New York
The Superior Court of New York City
The action was for tort, tried June 18th, 1850, before Paine, J., when a verdict was given for the plaintiffs. On the rendition of the same, the judge directed a judgment to be entered thereon, and the plaintiffs’ counsel agreed, in the presence of the court, that the defendants might appeal to the general term without giving security.
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The action was for tort, tried June 18th, 1850, before Paine, J., when a verdict was given for the plaintiffs. On the rendition of the same, the judge directed a judgment to be entered thereon, and the plaintiffs’ counsel agreed, in the presence of the court, that the defendants might appeal to the general term without giving security. The following entry of judgment was made subsequently, by the clerk of the court, in the judgment-book, the blank in which has never been filled, viz. (Title of the cause, date, and attorney.) “ This cause coming on to be tried before Justice Paine and a jury,…
1Opinion of the CourtBy the Court. Sandford, J.
Since the code, a practice has to some extent prevailed in our court, by which the judge at the trial term, both parties consenting, has rendered a formal judgment, after the jury have passed on the disputed facts, without actually deciding the question of law involved, with leave to the losing party to appeal to the general term without security. The agreement of both parties to these terms is made in open court, and entered by the clerk in the minutes of the trial. We are disposed to encourage this practice, in cases where the questions of law presented are new or difficult, where an appeal…
2Cited by8 opinions
- Richardson v. RogersSupreme Court of Minnesota · 1887
- Ives v. MillerNew York Supreme Court · 1855
- Bowman v. TallmanThe Superior Court of New York City · 1864
- Ledbetter v. MandellAppellate Division of the Supreme Court of the State of New York · 1908
- Sherman v. PostleyNew York Supreme Court · 1865
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