Osborn v. Nelson
New York Supreme Court
APPEAL, by the defendants,-from an order of a county court- granting a new trial. • The action was brought in a justices’ court of Cattaraugus county. The complaint, there, was for work and labor done by the plaintiff for the defendants, at their request.
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APPEAL, by the defendants,-from an order of a county court- granting a new trial. • The action was brought in a justices’ court of Cattaraugus county. The complaint, there, was for work and labor done by the plaintiff for the defendants, at their request. The defendants, by their answer, denied all the allegations of.the complaint; and alleged that there was a misjoinder, of defendants; .Margaret H. Nelson being the wife of the defendant James Nelson, living and cohabiting with him. Also that all the claims and demands mentioned in the-complaint had been fully paid and satisfied. The justice…
1Opinion of the Court
By the Court, Johnson, J.
This is an appeal from an order of the county court of Cattaraugus county, granting a new trial on a case and exceptions,11 on motion of the plaintiff. The action was commenced in a justice’s court, where the plaintiff" had a judgment. The defendants appealed to the county court, and on the trial in that court, at the close of the plaintiff’s testimony, the jury were directed to find a verdict for the defendants. Afterwards, on a case and exceptions, the same court granted a new trial. We see no reason to interfere with the order grant*381ing a new trial to the plaintiff.…
2Cases cited1 opinion
- Chapman v. LemonNew York Supreme Court · 1855
3Cited by4 opinions
- In Re the Will of LindewallNew York Court of Appeals · 1942
- In re Blossom's EstateNew York Supreme Court · 1889
- Phelps v. WaltherSupreme Court of Missouri · 1883
- Willis v. MorseNew York Supreme Court · 1889