Seely v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from an order, made at the Rochester Special Term, denying, after hearing the argument of counsel, a motion made by the plaintiff, upon a case theretofore made and settled, to have vacated and annulled an order made by the judge presiding at the trial of the action at circuit, directing the exceptions to be heard in the first instance at the General Term, and for an order that judgment be entered by defendant for its costs.
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Appeal from an order, made at the Rochester Special Term, denying, after hearing the argument of counsel, a motion made by the plaintiff, upon a case theretofore made and settled, to have vacated and annulled an order made by the judge presiding at the trial of the action at circuit, directing the exceptions to be heard in the first instance at the General Term, and for an order that judgment be entered by defendant for its costs. By the case as settled, on which the motion was made, it appears that “ the court thereupon granted a nonsuit and decided that the plaintiff be nonsuited, to which…
1Opinion of the Court
Haight, J.:
This cause was tried at the "Wayne Circuit in February, 1880. A jury was empanneled and sworn, and at the end of the evidence the defendant moved for a nonsuit, which was granted by the court, and exceptions were taken by the plaintiff. The justice presiding at the trial thereupon ordered that the exceptions be heard in the first instance at the General Term/ Thereupon the plaintiff moved, at Special Term, to vacate the order. The Special Term denied the motion, and from such order the plaintiff appeals to this court. Under section 265 of the Code of Procedure the Court of Appeals…
2Cases cited1 opinion
- Lake v. Artisans' BankNew York Court of Appeals · 1867