Hapgoods v. Lusch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hapgoods, from an order of the Supreme Court, entered in the office of the cleric of the county of Kings on the 5th day of June, T907, denying the plaintiff’s motion to set aside a judgment in favor of the defendant on the ground that the verdict upon which the same was entered was the result of a mistrial.
1Opinion of the Court
Jenks, J.:
The action was tried at Trial Term. It is insisted that the records clearly show occasion for surprise from the method of the justice who presided. The records fail to show that the learned counsel for the plaintiff made any sign at the trial'that he was surprised or that he asked either for a continuance or for the withdrawal, of a juror. In Dixson v. Brooklyn Heights R. R. Co. (68 App. Div. 308) we held that “ The rule is well settled that a plaintiff who is surprised by evidence which he is'not prepared to rebut. should move for an adjournment or for leave to withdraw a juror.;…
2Cases cited3 opinions
- Messenger v. Fourth National BankNew York Court of Common Pleas · 1875
- Glendening v. CanaryNew York Court of Common Pleas · 1875
- Dixson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Weaver v. ScriptureNew York Supreme Court · 1925
- Central Consumers Wine & Liquor Co. v. CommissionerUnited States Board of Tax Appeals · 1925
- Central Consumers Wine & Liquor Co. v. CommissionerUnited States Board of Tax Appeals · 1925