Bishop v. Nicholson

(dissenting) : This is an appeal from an order of his Honor Judge Sease granting a new trial in an action of libel tried before him, in which the defendant had a verdict. In the plaintiff’s motion for a new trial, there was absolutely no complaint as to the admission of evidence, or to the conduct of the Judge in any stage of the proceeding. The trial appears for this reason to have been perfectly fair with the exception of the matter complained of, which may be thus explained:

The action was against the defendant in his individual capacity. Upon the call of the case for trial the attorneys…