Conway v. Mayor
New York Court of Common Pleas
Appeal from a judgment entered upon a verdict for plaintiff rendered at a trial, and from an order denying a motion made upon the minutes for a new trial. The plaintiff in this action was employed as assistant janitor in the sheriff’s office of the county of New York, and rendered services as such from the 2d of January, 1871, to the 1st of January, 1874. The plaintiff gave no evidence of the precise manner of his appointment.
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Appeal from a judgment entered upon a verdict for plaintiff rendered at a trial, and from an order denying a motion made upon the minutes for a new trial. The plaintiff in this action was employed as assistant janitor in the sheriff’s office of the county of New York, and rendered services as such from the 2d of January, 1871, to the 1st of January, 1874. The plaintiff gave no evidence of the precise manner of his appointment. The plaintiff proved that upon the pay-rolls of janitors, &c., from January 1st, 1871, to September 1st, 1871, his name appeared as janitor in the sheriff’s office, and…
1DissentJ. F. Daly, J.
I do not concur in the view that the *311court had power to allow an amendment of the complaint by striking out an express admission therein, upon the faith of which the parties had gone to trial (Fearing v. Irwin, 4 Daly, 385); but this does not affect the result, in which I concur, for the other reasons stated.
Judgment affirmed with costs.
2Cases cited1 opinion
- Fearing v. IrwinNew York Court of Common Pleas · 1873