Irwin v. Lawrence
New York Court of Common Pleas
Appeal by tbe plaintiff from a judgment of tbe general term of the Marine Court, reversing a judgment in ber favor given upon trial before a single judge of that court. The general term reversed the judgment without further directions in respect to any future proceedings in the action.
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Appeal by tbe plaintiff from a judgment of tbe general term of the Marine Court, reversing a judgment in ber favor given upon trial before a single judge of that court. The general term reversed the judgment without further directions in respect to any future proceedings in the action. The return did not show that the facts involved in tbe action were specially found or ascertained in any way, and besides it appeared presumptively that tbe reversal was based upon errors of tbe judge in the admission of evidence at tbe trial.
1Opinion of the Court
Brady, J. —
Tbe plaintiff recovered a judgment at tbe special term of the Marine Court, from which the defendants appealed to the general term of that-court. The general term reversed “ the judgment, with costs.” It should have ordered a new trial. Astor v. L’Amoreux, 4 Selden, 107. It is said in a later case (Marquat v. Marquat, 2 Kernan, 340), that where the facts are ascertained upon the trial, either by special verdict or any other form of finding allowed by law, tbe general question, which party is entitled to judgment? arises upon appeal; and in such cases a judgment disposing of the…
2Cited by1 opinion
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