Kirtz v. . Peck
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 14, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 14, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The nature of the action and the material facts are stated in the opinion. When a defendant requests the court to direct a verdict in his favor, he thereby assumes that there is no dispute as to the facts, and substitutes the court in the place of the jury, and he is concluded by its decision. (Provost v. McEncore, 102 N. Y. 650; Ormes v. Dauchy, 82 id. 443;…
1Opinion of the Court
Ruger, Ch. J.
Upon trial at circuit, after evidence given on both sides, the court directed a verdict for the plaintiff. The defendant requested a verdict to be ordered in his favor, and the plaintiff made a similar demand on her behalf. The court granted plaintiff’s request and denied that of defendant, and the' .case comes here upon the exception to the ruling of the court.
Neither party asked to go to the jury upon any question of ■fact, and if, therefore, the evidence presented any such question, the court was authorized, by the mode in which the case ■was tried, to find thereon, and if…
2Cases cited3 opinions
- Thorp v. . the Keokuk Coal Co.New York Court of Appeals · 1872
- Morris v. SliterCourt for the Trial of Impeachments and Correction of Errors · 1845
- Emery v. HitchcockNew York Supreme Court · 1834
3Cited by55 opinions
- Empire State Cattle Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1908
- Daly v. . WiseNew York Court of Appeals · 1892
- Ewing v. . WightmanNew York Court of Appeals · 1901
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- Chrystie v. FosterCourt of Appeals for the Second Circuit · 1894
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