Lewis v. Rose
New York Supreme Court
This was an appeal by the plaintiff from a judgment for defendant, entered upon an order denying a motion for a judgment upon a verdict of a jury. Upon the trial the court directed a verdict for the plaintiff, and reserved the case for further hearing, with leave to the plaintiff to move for judgment .upon the verdict, and to the defendant to move for a nonsuit. Afterward the plaintiff moved the court at' Special Term for judgment, and the defendant for a nonsuit.
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This was an appeal by the plaintiff from a judgment for defendant, entered upon an order denying a motion for a judgment upon a verdict of a jury. Upon the trial the court directed a verdict for the plaintiff, and reserved the case for further hearing, with leave to the plaintiff to move for judgment .upon the verdict, and to the defendant to move for a nonsuit. Afterward the plaintiff moved the court at' Special Term for judgment, and the defendant for a nonsuit. The plaintiff’s motion was denied and a nonsuit granted, with directions that the verdict be set aside and a judgment of nonsuit…
1Opinion of the Court
Mullís, P. J..
In January, 1869, the defendant applied, upon oath, to a justice of the peace of Rome, in the county of Oneida, for a warrant to arrest the plaintiff for conspiring with J. A. White and Martin A. Cook to fraudulently procure the decree of the surrogate of Oneida county directing *208the payment of a judgment in favor of the plaintiff against Wilgus, deceased, and which judgment the said White and Cook, administrators of said Wiigus, did fraudulently pay to the said plaintiff, after said decree, and which he, said Lewis, did fraudulently receive, being the sum of $11,000. The said…
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