Fish v. Weatherwax
New York Supreme Court
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
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