Schryer v. . Fenton
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 9, 1897, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 9, 1897, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This appeal being from a judgment reversing a judgment entered upon a determination of the trial court and an order granting a new trial upon such reversal, it must be presumed that the judgment was not ' reversed and a new trial granted upon a question of fact, but that the reversal was wholly…
1Opinion of the CourtHaight, J.
This action was brought for the wrongful conversion of a quantity of hay. The defendant justified under an execution issued upon a judgment in favor of Stevéns and Porter against John S. Martin and James Danford, which was issued to him as constable, and upon which the levy and sale complained of were made. Upon the trial at Circuit there was a special verdict found, upon which judgment was entered in favor of the plaintiff, which has been reversed by the Appellate Division and a new trial granted. Section 1338 of the Code of Civil Procedure has reference to judgments entered upon the report…
2Cases cited6 opinions
- Harris v. . BurdettNew York Court of Appeals · 1878
- Chapman v. . ComstockNew York Court of Appeals · 1892
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1897
- Snebley v. . ConnerNew York Court of Appeals · 1879
- Mickee v. Walter A. Wood Mowing & Reaping MacHine Co.New York Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Van Beuren v. . WotherspoonNew York Court of Appeals · 1900
- Reich v. La Bau DyerNew York Court of Appeals · 1904
- Spitzer v. . HealyNew York Court of Appeals · 1916