Mason v. Breslin
The Superior Court of New York City
Appeal from an order. The action was brought by Rodney I. Mason against Patrick Breslin (and also other defendants who did not appear), to recover a balance of rent upon a lease under seal. The defendant Breslin, by separate answer, denied each and every allegation contained in the complaint.
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Appeal from an order. The action was brought by Rodney I. Mason against Patrick Breslin (and also other defendants who did not appear), to recover a balance of rent upon a lease under seal. The defendant Breslin, by separate answer, denied each and every allegation contained in the complaint. Upon the trial it appeared, before plaintiff rested his case, that the lease bore date October 17, 1868, and was executed by the plaintiff to the defendants, Thomas J. Stevens and Moses Isles ; that the term was to commence on October 20, 1868, and to end on May 1, 1872. It further appeared, that…
1Opinion of the Court
By the Court.*—Freedman, J.
It has been *430settled by a long series of decisions that there are but two cases in which the proceedings upon a trial before a court and jury can be reviewed at a general term in the first instance, before judgment.
One is where the unsucessful party desires to move for a new trial upon exceptions taken by him upon the trial, and the trial judge directs that such motion upon said exceptions be heard in the first instance at a general term, and that the entry of judgment be suspended until the decision of the general term. In such case, the exceptions must be there…
2Cases cited14 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Quackenboss v. ClarkeNew York Supreme Court · 1834
- Huntingdon v. . ClaffinNew York Court of Appeals · 1868
- Purchase v. . MattesonNew York Court of Appeals · 1862
- Fenly v. StewartThe Superior Court of New York City · 1851
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