Tracy v. Dolan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie Dolan, from an "order of the Supreme Court, made at the New York Special Term and entered in the office of .the clerk of the county of New York on the 9th day of March, 1900, denying her motion to set aside a verdict rendered in the action.
1Opinion of the Court
Hatch, J.:
The action was brought for the partition of certain lands, and upon issue being joined, the trial of the issues was directed to be • had before a jury, pursuant to section 1544 of the Code of Civil Procedure. Under the order which was made directing the trial by jury, all.of the issues which were raised by the pleadings became tlie subject of determination at such trial.- The case has been three times tried. Upon two of the trials the jury disagreed, and upon the last trial a verdict was found in favor of the plaintiffs. Upon each trial the matter at issue became narrowed down to a…
2Cases cited2 opinions
- Carr v. . CarrNew York Court of Appeals · 1873
- Merchants' National Bank v. TracyNew York Supreme Court · 1894
3Cited by1 opinion
- MacIvor v. SchwartzmanAppellate Division of the Supreme Court of the State of New York · 1932