Dubuc v. Lazell, Dalley & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stanislas Dubuc, 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 8th day of May, 1905, vacating a judgment entered in said clerk’s office on the 19th day of May, 1904, upon the verdict of a jury in favor of the plaintiff, and granting a new trial of the action. The facts are stated in the dissenting opinion of Mr. Justice Laughlin.
1Dissent
Laughlin, J. (dissenting):
The motion was granted apparently upon the ground that there was no verdict rendered and that there was a mistrial. It appears that Mr. Justice Cochrane presided at the trial and that the case was submitted to the jury at about three o’clock in the afternoon of May 13,1904. The stenographer’s minutes and also the minutes of the clerk of the court show that it was stipulated by counsel for the respective parties in open court before the rendition of the verdict that the same might be received in’the absence of the presiding justice with the like force and effect as if…
2Cases cited4 opinions
- Cox v. . the PeopleNew York Court of Appeals · 1880
- Morris v. HarburgerAppellate Division of the Supreme Court of the State of New York · 1905
- Lisner v. ToplitzAppellate Division of the Supreme Court of the State of New York · 1903
- Lisner v. . ToplitzNew York Court of Appeals · 1904