Maloney v. Dows

Daly, First Judge.

An order ought to have been made at. the trial, directing that the exception taken to the decision of the court, granting the motion for a non-suit, should be heard in the first instance at the general term. The question was a new and an important one. It ivas very fully and elaborately argued upon both sides. The decision disposed of the whole *28of the plaintiff’s rights, and it was, therefore, eminently proper to send the case at once to the general term, and to suspend, in the mean while, the entry of judgment. It was my impression that it was the general understanding of…