Molony v. Dows
New York Court of Common Pleas
Motion for a new trial. The action was tried before Hon. Charles P. Daly, F. J., and a jury; the defendant moved for a nonsuit, which was granted. His decision of the motion is reported 8 Ante, 316. The plaintiff now moved at special term for a new trial. Other facts appear in the opinion.
1Opinion of the Court
Daly, F. J.
An order ought to have been made at the trial, directing that the exception taken to the decision of the court granting the motion of a nonsuit, should be heard in the first instance at the general term. The question was a new and an important one. It was very fully and elaborately argued upon both sides. The decision disposed of the whole of 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 all parties at…
2Cases cited4 opinions
- Pratt v. HullNew York Supreme Court · 1816
- Wormouth v. CramerNew York Supreme Court · 1829
- Packard v. HillNew York Supreme Court · 1827
- Hicks v. ChamberlainNew York Supreme Court · 1834