Terriberry v. Mathot
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph F. Terriberry, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 4th day of October, 1905, as modified by an order entered in said clerk’s office on the 30th day of January, 1906, granting the defendant’s motion to have the trial had herein declared a mistrial and to set aside the verdict rendered in favor of the plaintiff.
1Opinion of the CourtPatterson, J.
This action .was tried by the court and a jury, Mr. Justice MaoLean presiding. It was submitted to the jury and Mr. Jxistice MaoLean left the bench. The verdict, which was for the plaintiff, .was received by Mr. Justice Amend without objection. The defend-' ant’s counsel then and there made various motions which stood over for the consideration of the justice who presided at the trial. There was no motion then made to set aside the verdict on the ground of a mistrial, but several days after the verdict was rendered the defendant’s counsel moved before Mr. Justice MaoLean to set it aside on…
2Cases cited2 opinions
- Dubuc v. . Lazell, Dalley Co.New York Court of Appeals · 1905
- Terriberry v. MathotAppellate Division of the Supreme Court of the State of New York · 1905