Poole v. . Kermit

The verdict directed by the judge and found by the jury was subject to the opinion of the court at General Term. There was no conflict in the testimony, or any exception taken to any ruling of the judge upon any question of law during the trial, the only question being as to which party was entitled to judgment upon the undisputed facts of the case. It was entirely correct in such a case for the judge to direct a verdict for the plaintiffs, subject to the opinion of the court, and the exception of the defendants' counsel to such a disposition was entirely immaterial. It was the duty of the…