Jackson ex dem. Horton v. Roe
New York Supreme Court
A MOTION was made, on the part of the plaintiff, to set aside the nonsuit granted at the trial of this cause, and for a new trial. The affidavit of Horton was read in support of the motion, that one of the lessors, and four others, of whom the defendant was one, purchased a lot of land of T. Golden, which was surveyed and subdivided into five lots. A deed was given by Golden to the lessor for the whole lot, who conveyed to the others the subdivided lots.
Read the full summary
A MOTION was made, on the part of the plaintiff, to set aside the nonsuit granted at the trial of this cause, and for a new trial. The affidavit of Horton was read in support of the motion, that one of the lessors, and four others, of whom the defendant was one, purchased a lot of land of T. Golden, which was surveyed and subdivided into five lots. A deed was given by Golden to the lessor for the whole lot, who conveyed to the others the subdivided lots. The defendant took possession of his lot, and moved his fence, so as to encroach on the lot of the lessor. At the trial, the defendant…
1Per curiam
It is a well settled rule, that a new trial will not be granted, because the party came to trial unprepared, and this rule applies with at least as much force to the plaintiff as to the defendant. In Cooke v. Berry, (1 Wils. 98.) the plaintiff did not come prepared, to meet the defendant’s plea, because he took it to be a sham plea, as he had a letter under the defendant’s hand acknowledging the debt, but that letter he was not prepared to prove, and the defendant had a verdict, and, on motion for a new trial, it was denied. That was a much harder case than this, for there plaintifflost his…
2Cited by5 opinions
- Cummins v. WaldenIndiana Supreme Court · 1837
- Todd v. StateIndiana Supreme Court · 1865
- Harris v. GreggAppellate Division of the Supreme Court of the State of New York · 1896
- Davis v. RugglesWisconsin Supreme Court · 1850
- Matthews v. AllaireSupreme Court of New Jersey · 1830