Lake v. Artisans' Bank

This action was tried at the circuit, before the court and a jury, and, upon the plaintiff resting his cause,, the court, upon the defendant’s motion, dismissed the complaint, to which the counsel for the plaintiff excepted, and the judge ordered the exception to be heard, in the first instance, at the General Term. >

I think the General Term of the Supreme Court was right in regarding the case as properly before it for decision. The exception was one taken upon the trial, and is, I think, within the class of exceptions mentioned in section 265 of the •Code, which the judge may order to be…