Heywood v. Doherty
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Myrtle C. Heywood against Henry R. Doherty and another. From a judgment for plaintiff on a verdict, and from an order denying a motion for new trial, defendants appeal.
1Opinion of the CourtBIJRiR, J.
The two. questions presented on this appeal are the weight of evidence (that is, the credibility of Mrs. Heywood), and, second, the action of plaintiff’s counsel in referring to Mr. Doherty’s having been in jail.
[1] Taking up the latter first, I know of no case in which a verdict has been reversed because of the improper remarks of counsel, unless some request of the opponent in reference to such remarks has been refused by the court and due exception taken. As to-the cases cited by Mr. Justice SEABURY, namely, Freedman v. Press Pub. Co., 64 Misc. Rep. 85, 117 N. Y. Supp. 946, Walter v.…
2Cases cited3 opinions
- Walter v. JolineAppellate Division of the Supreme Court of the State of New York · 1910
- Rothschild v. WeingreenAppellate Terms of the Supreme Court of New York · 1910
- Freedman v. Press Publishing Co.Appellate Terms of the Supreme Court of New York · 1909
3Cited by1 opinion
- Freeman v. ZirgerCity of New York Municipal Court · 1925