Peggo v. Dinan
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Dutchess comity. Action by Salvatore Peggo against Thomas Dinan. From an order denying plaintiff’s motion to amend a judgment, he appeals.
1Opinion of the CourtGoodrich, P. J.
The plaintiff appeals from an order of the special term denying his motion to amend the judgment in question so as to make it read that “a judgment of nonsuit be directed to be entered herein, instead of that the said complaint be dismissed on the merits.” The motion, at the close of the plaintiff’s case, to nonsuit, was renewed at the close of all the evidence, and the motion was granted. It was not stated to be “on the merits,” but the judgment contains such a phrase. I think that the court, on a jury trial, has no power, at the close of the whole evidence, to dismiss “on the merits,” as…
2Cases cited2 opinions
- Wheeler v. . RuckmanNew York Court of Appeals · 1873
- Mannion v. Broadway & Seventh-Avenue RailroadNew York Supreme Court · 1889
3Cited by2 opinions
- Quereau v. Lehigh Valley R.District Court, N.D. New York · 1918
- Hackett v. MastersonAppellate Division of the Supreme Court of the State of New York · 1903