Elliott v. Van Schaick
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Harry B,. Elliott and another, from a judgment of the-Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 29th day of June, 1897, upon the verdict of a jury rendered by direction of the court..
1Per curiam
At the close of the evidence both parties requested the court to direct a verdict. By consent, the decision of these applications was *588reserved ; subsequently the court directed a verdict for the defendant. Under the practice adopted, no exception could have been taken on the trial to the ruling of the court, for the decision was not made until after the close of the trial. Provision for such a case is made in sections 994 and 1185 of the Code of Civil Procedure, which authorize the unsuccessful party to file a notice of exception within ten days after the service of a copy of the decision of…
2Cited by2 opinions
- Lounsbury v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1900
- Peterson v. GroverAppellate Division of the Supreme Court of the State of New York · 1901