Hall v. Hall
New York Supreme Court
Appeal from an order made at the Special Term, setting aside tbe verdict of a jury, and directing tbe dismissal of tbe complaint herein. Tbe action was brought under tbe act of 1853, in relation to disputed wills, tbe plaintiffs claiming tbe partition of lands devised to and in possession of tbe above named respondents. Tbe pleadings presented, in form, various issues of fact. Tbe case wras tried at tbe Circuit.
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Appeal from an order made at the Special Term, setting aside tbe verdict of a jury, and directing tbe dismissal of tbe complaint herein. Tbe action was brought under tbe act of 1853, in relation to disputed wills, tbe plaintiffs claiming tbe partition of lands devised to and in possession of tbe above named respondents. Tbe pleadings presented, in form, various issues of fact. Tbe case wras tried at tbe Circuit. At tbe close of tbe evidence, tbe court directed tbe jury to find a verdict for tbe plaintiffs, and ordered tbe -cause to be reserved for further argument and consideration, on a…
1Opinion of the Court
Gilbert, J.:
The practice adopted, by the judge at Circuit of directing the jury pro forma to find a general verdict for the plaintiff, then reserving the case for further consideration, and afterwards directing a general verdict for the party entitled to it, is a very useful one when only questions of law are involved, and it was expressly sanctioned by the Code of Procedure. (§ 264.) It was also conformable to the practice before the legislature had interposed its power to regulate it by codification. It was approved by this court at General Term, and by the Court of Appeals in the case of…
2Cases cited2 opinions
- Goodrich v. . RussellNew York Court of Appeals · 1870
- Heney v. Trustees of Brooklyn Benevolent SocietyNew York Court of Appeals · 1868