Shellington v. . Howland
New York Court of Appeals
Appeal from judgment of the General Term in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought against defendant as a stockholder in the Penfield Paper Company, to charge him with a debt of the company, under the general manufacturing act of 1848. (Chap. 40, Laws of 1848.) In March, 1870, the plaintiff commenced an action before Alpheus S. Clark, Esq., justice of the peace, against the paper company, for the collection of this debt, claiming judgment for $200 of the amount. Before this action was determined, the…
1Opinion of the CourtAllen, J.
There is nothing in the objection taken to the order of the justice at the circuit reserving the ease for further consideration. The order was authorized by section 264 of the Code. The circumstance that the verdict was directed by the justice, there being no disputed questions of fact to be passed upon by the jury, did not take the ease out of this provision of the statute. The right is given to the justice presiding at a circuit, in all cases of trial by jury, to reserve the case for further consideration upon the questions of law involved.
The objection that the plaintiff has not complied…
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