Cronk v. Canfield
New York Supreme Court
MOTION to set aside a nonsuit, upon a case. The action was upon Contract. The case does Hot state whether the action was tried before the court or a jury. There were several objections taken to the admission of testimony, during the trial, but no exceptions were taken until the trial closed and the court nonsuited the plaintiff. The case then states, “ to all which decisions áUd rulings of the court the plaintiff’s counsel excepted.”
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MOTION to set aside a nonsuit, upon a case. The action was upon Contract. The case does Hot state whether the action was tried before the court or a jury. There were several objections taken to the admission of testimony, during the trial, but no exceptions were taken until the trial closed and the court nonsuited the plaintiff. The case then states, “ to all which decisions áUd rulings of the court the plaintiff’s counsel excepted.” The court then ordered the case to be heard at the general term.
1Opinion of the Court
By the Court, Pratt, J.
There are several difficulties in this case which are fatal to the motion, and which render it unnecessary to examine the case upon the merits.
1st. The case nowhere shows whether the trial was with or without a jury. If without a jury, this motion cannot be made. The only method of reversing the rulings at the circuit, in such case, would be by appeal.
2d. The case is ordered to be heard at general term. This the judge at the circuit had no power to do. The code only gives him power to order the exceptions to be heard at general ‘term.
*172[Oneida General Term, January 5,…
2Cited by8 opinions
- City of Wyandotte v. NobleSupreme Court of Kansas · 1871
- Wright v. PaigeNew York Supreme Court · 1862
- Wright v. PaigeNew York Court of Appeals · 1867
- Hoxie v. GreeneNew York Supreme Court · 1869
- Barker v. SavageThe Superior Court of New York City · 1869
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