Griswold v. Dexter
New York Supreme Court
THIS was an action to recover the possession of real estate. The defendant interposed an equitable defense; alleging, in his answer, that he had the equitable title to one half of the premises described in the complaint, and was entitled to a conveyance thereof.
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THIS was an action to recover the possession of real estate. The defendant interposed an equitable defense; alleging, in his answer, that he had the equitable title to one half of the premises described in the complaint, and was entitled to a conveyance thereof. By the direction of the court, the jury found a special verdict containing the facts, subject to the opinion of the court on a case to be prepared by the plaintiff; which, with the exceptions, was directed by the court to be heard, in the first instance, at a general term.
1Opinion of the Court
By the Court,
Mullin, J.
This case must go back for trial again. As the case is made up there is no question before us which the general term can review. There is no general verdict in the case, and as there can be but a general or special verdict rendered by a jury, the verdict in the case must be special. If special, .then the plaintiff was bound to move for-judgment thereon at the special term. It was not in the power of the justice holding the circuit to send that motion to be heard here in the first *649instance. The Code (§ 265) says: “ A motion for a new trial on a case or exceptions or…
2Cited by1 opinion
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