Legal Opinion

Fish v. Weatherwax

New York Supreme Court

Decided January 15, 1801PublishedCited by 7 opinions

Foot, for the plaintiff, moved for a rule on the judges of the court of common pleas of the county of Rensselaer, to show cause why a mandamus should not issue, to compel them to give judgment in this cause. It appeared that a verdict had been found for the plaintiff, and that the common pleas had arrested the judgment for the insufficiency of the declaration.

1Opinion of the CourtBenson, J.

There may he a judgment, for the insufficiency of the declaration or plea, as the case may be, against the party, though there may be a verdict for him. If the party for whom a verdict is found, will not move for judgment, the other party may pray for judgment against himself; but the entry on the record will still be as if the judgment had been on the prayer of the party for whom the judgment was found. And where a party prays to have judgment rendered against him, to the intent, that he may bring a writ of error, he is entitled to have it so rendered against him, as matter of right.

Where…

2Cases cited92 opinions

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. Ex Parte BurrSupreme Court of the United States · 1824
  3. McIntire v. WoodSupreme Court of the United States · 1813
  4. McClung v. SillimanSupreme Court of the United States · 1821
  5. People ex rel. Case v. CollinsNew York Supreme Court · 1837

87 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. StoneNew York Supreme Court · 1832
  2. Judges of the Oneida Common Pleas v. People ex rel. SavageNew York Supreme Court · 1837
  3. Ex parte PearceSupreme Court of Alabama · 1885
  4. People v. Justices of the SessionsNew York Supreme Court · 1799
  5. Richards, Truesdell & Co. v. WheelerSupreme Court of Vermont · 1827

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API