Stevens v. Hauser
The Superior Court of New York City
■ Motion for judgment upon a verdict for the defendant, taken subject to the opinion of the court at general term. The action was brought by Bushnell Stevens against John Hauser, to recover possession of a lot of land on the north side of Forty-sixth street, in the city of New York. The answer was a general denial.
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■ Motion for judgment upon a verdict for the defendant, taken subject to the opinion of the court at general term. The action was brought by Bushnell Stevens against John Hauser, to recover possession of a lot of land on the north side of Forty-sixth street, in the city of New York. The answer was a general denial. The trial was had before Mr. Justice Babboub, and a jury, on the 25 th of February, 1863. The defendant objected to various parts of the plaintiff’s evidence; and his objections being overruled, took exceptions to the decisions. ■ After the plaintiff rested, the counsel for the…
1Opinion of the Court
By the Court.—Moncrief, J.
It appears by the case presented upon the hearing of the motion for judgment upon the verdict, that upon the trial of the issues of fact by a jury, this case presented only questions of law. whereupon the presiding justice directed a verdict subject to the opinion of the court at general term, and a verdict pursuant to that direction being rendered for the defendant, the justice ordered that application for judgment on said verdict be made at the general term. In such a case the application for judgment must be made at the general term (Code of Procedure, § 265). A…
2Cases cited3 opinions
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cleveland v. . BoerumNew York Court of Appeals · 1862
- Ryerss v. FarwellNew York Supreme Court · 1850