Mora v. Great Western Insurance
The Superior Court of New York City
Appeal from an order granting an allowance in addition to the taxable costs. This was an action brought on a policy of insurance. After various proceedings the defendants answered an amended complaint which had been served by the plaintiffs, and the cause was placed upon the calendar for trial - of the issues of fact thereby raised.
Read the full summary
Appeal from an order granting an allowance in addition to the taxable costs. This was an action brought on a policy of insurance. After various proceedings the defendants answered an amended complaint which had been served by the plaintiffs, and the cause was placed upon the calendar for trial - of the issues of fact thereby raised. Immediately after the cause was at issue, certain witnesses who were likely to leave the State were examined els lene esse on the part of the defendants. The cause was put over from time to time and other witnesses were examined de lene esse, and a commission was…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The Code declares that “A trial is the judicial examination of the issues between the parties, whether they be issues of law or of fact.” (§ 252, [207.]) Though it has thus defined the word trial, it has not defined what is meant by the words,. “ the judicial examination of the issues between the parties,” otherwise than by the nature, force and effect of its provisions for a final disposition of such issues.
They probably include the action of both Court and Jury, in the cases where a verdict is rendered, and only the action of the Court or of Referees, when…
2Cases cited7 opinions
- Saltus v. KipThe Superior Court of New York City · 1856
- Dodd v. CurryNew York Supreme Court · 1849
- Ellsworth v. GoodingNew York Supreme Court · 1852
- Dewey v. Stewart & BlakeneyThe Superior Court of New York City · 1852
- Moffatt v. FordNew York Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re GilchristNew York Supreme Court · 1927
- Chaffee v. RahrNew York Supreme Court · 1943
- People ex rel. Kempner v. WilsonNew York Supreme Court · 1901
- Arcadia Hosiery Co. v. FineCity of New York Municipal Court · 1930
- Ehlers v. WillisNew York Marine Court · 1882
3 more not listed; retrieve them via the Exa API.