Price v. Keyes
New York Supreme Court
Exceptions ordered to be heard in the first instance at the general term. The action was brought by Rodman M. Price against Erasmus D. Keyes and Edmund Scott, who were impleaded with Theodore Payne and Squire P. Deny, to recover damages for the alleged fraudulent and wrongful sale, in 1853, of certain real estate, the property of plaintiff, situate in California. The necessary facts appear in the opinion.
1Opinion of the CourtDaniels, J.
When the trial of this cause was completed at the circuit, the learned justice who presided ordered the exceptions, taken by the defendants, to be first heard at the general term, and judgment to be in the meantime suspended. The order in this respect was strictly in conformity with the provision made by section 265 of the Code of Procedure, and it was probably made, as such orders usually are, as a matter of practice, at the instance or solicitation, and to promote what may at the time have been considered the convenience, of the defendant. It is not important for the disposition of the case…
2Cases cited14 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Hanmer v. WilseyNew York Supreme Court · 1837
- McKnight v. . DunlopNew York Court of Appeals · 1851
- Justice v. . LangNew York Court of Appeals · 1873
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
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