Overing v. Russell
New York Supreme Court
Action of ejectment for lot number 82, in great lot number 5, in the Hardenburgh patent, Delaware county—tried at the Delaware circuit in August, 1863. The jury rendered a verdict in favor of the defendant. The judge granted a new trial upon his minutes, costs to abide the event, on the same day the verdict was received, on the sole ground that the verdict was against evidence.
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Action of ejectment for lot number 82, in great lot number 5, in the Hardenburgh patent, Delaware county—tried at the Delaware circuit in August, 1863. The jury rendered a verdict in favor of the defendant. The judge granted a new trial upon his minutes, costs to abide the event, on the same day the verdict was received, on the sole ground that the verdict was against evidence. The defendant made a case containing the evidence, and thereupon appealed from the decision of the judge granting a new trial, to the general term of this court.
1Opinion of the Court
By the court, In Jackson agt. Thurston (3 Cowen, 342), the court set aside a verdict and granted a new trial, costs to abide the event, on the sole ground that the verdict was against evidence. But on a motion to correct the rule in respect to the costs, the court said: “ The jury having decided contrary to evidence, the rule should have been on payment of costs by the plaintiff, such is the uniform practiceand the rule was modified so the verdict was set aside and a new trial granted, on payment of costs by the plaintiff, who had been beaten in the action. In Goodyear agt. Ogden (4 Hill,…
2Cases cited3 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Bank of Utica v. IvesNew York Supreme Court · 1837
- Brown v. BradshawThe Superior Court of New York City · 1852
3Cited by1 opinion
- Kummer v. Christopher & East Tenth Street RailroadNew York Court of Common Pleas · 1893