Caughey v. . Smith
New York Court of Appeals
Appeal from judgment entered upon verdict in favor of plaintiff, after order of General Term of the Supreme Court in the sixth judicial district, denying motion for new trial. This action was brought against the defendant to recover damages for an alleged enticement and harboring of plaintiff’s minor son, who still owed service to him, and enlisting him into the military service of the United States as a substitute for defendant.
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Appeal from judgment entered upon verdict in favor of plaintiff, after order of General Term of the Supreme Court in the sixth judicial district, denying motion for new trial. This action was brought against the defendant to recover damages for an alleged enticement and harboring of plaintiff’s minor son, who still owed service to him, and enlisting him into the military service of the United States as a substitute for defendant. He was enlisted in August, 1864, and died in the service in the month of December, 1864. The case was first tried at the Cortland circuit in June, 1867, and the…
1Opinion of the Court
The respondent claims that an appeal does not lie in this case, to review the action of the General Term. It appears from the printed papers that there was a verdict for the plaintiff at the circuit, where an order was made that the defendant have time to make a case and exceptions, and to move for a new trial in the first instance at General Term, and that in the meantime judgment be suspended, pursuant to the provisions of section 265 of the Code. The defendant having made his case and exceptions pursuant to the leave granted, the motion for a new trial was argued at General Term. That…
2Cases cited3 opinions
- Potter v. . Van VrankenNew York Court of Appeals · 1867
- Van Bergen v. . BradleyNew York Court of Appeals · 1867
- Coleman v. . PleysteadNew York Court of Appeals · 1869
3Cited by10 opinions
- Lamb v. S. Cheney & SonNew York Court of Appeals · 1920
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
- Perry v. LoyejoyMichigan Supreme Court · 1883
- Khalifa v. ShannonCourt of Appeals of Maryland · 2008
- Lally v. CantwellMissouri Court of Appeals · 1888
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