Lund v. Spencer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jessie D. Lund, from an order of the Supreme Court, made at the Monroe -Special Term and entered in the office of the clerk of the county of Monroe on the 23d day of August, 1897, setting aside the verdict of a jury as to the defendant Anna B. Spencer and granting her a new trial.
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Appeal by the plaintiff, Jessie D. Lund, from an order of the Supreme Court, made at the Monroe -Special Term and entered in the office of the clerk of the county of Monroe on the 23d day of August, 1897, setting aside the verdict of a jury as to the defendant Anna B. Spencer and granting her a new trial. The defendant Anna B. Spencer is the mother of the defendant Harriet Lund, and thé plaintiff, who is the wife of one Charles J. Lund, brings this action to recover damages for the alienation, by the defendants, of her husband’s affection. The action was' commenced on the 29th day of April,…
1Opinion of the Court
Adams, J.:
Our attention has been directed by the respondent’s counsel to a number of exceptions taken during the progress of the trial to the .-admission of evidence which, it is contended, furnished of them*544selves sufficient reason for the granting of the order appealed from, and this contention is strongly fortified by the citation of numerous authorities. It appears, however, that the learned trial justice rested his decision solely upon the ground that the verdict was against the weight of evidence; and if he was justified in reaching that conclusion, it will be an unnecessary expenditure…
2Cases cited4 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Durland v. . DurlandNew York Court of Appeals · 1897
- Young v. StoneNew York Supreme Court · 1894
- Bliss v. FoggNew York Supreme Court · 1894
3Cited by12 opinions
- Serwer v. SerwerAppellate Division of the Supreme Court of the State of New York · 1902
- Northam v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
- Lawrence v. WilsonAppellate Division of the Supreme Court of the State of New York · 1903
- Lyons v. ConnorAppellate Division of the Supreme Court of the State of New York · 1900
- Metz v. Woodward-Brown Realty Co.Appellate Division of the Supreme Court of the State of New York · 1918
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