Royce v. Burt
New York Supreme Court
APPEAL from a judgment entered upon a nonsuit at the circuit. The case was first tried before Mr. Justice Hoyt at the Genesee circuit in June, 1863, and the plaintiff was nonsuited. A motion for a new trial was made, on exceptions, before the general term of the 8th district, and granted. At the second trial the plaintiff was again non-suited, and after judgment appealed.
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APPEAL from a judgment entered upon a nonsuit at the circuit. The case was first tried before Mr. Justice Hoyt at the Genesee circuit in June, 1863, and the plaintiff was nonsuited. A motion for a new trial was made, on exceptions, before the general term of the 8th district, and granted. At the second trial the plaintiff was again non-suited, and after judgment appealed. The appeal was heard before the general term of the 7th district and the judgment reversed and a new trial ordered, (a) The case came on for its third trial at the Genesee circuit in November 1863, and the plaintiff was…
1Opinion of the Court
By the Gourt,
Davis, P. J.
The unhappy manner in which the views of this court were expressed, in the opin*659ion delivered when this case "was formerly before us, seems to have led the general term of the 7th district into a serious misapprehension of the questions determined. It was not “ decided in effect that upon the face of the record of the suit in the justice’s court that action was brought to recover in assumpsit for a breach of warranty.” On the contrary, this court expressly stated that it was “obvious that the pleader who drew the complaint in the justice’s court intended to state and…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
3Cited by5 opinions
- Burwell v. KnightNew York Supreme Court · 1868
- Andrews v. CrossNew York Supreme Court · 1885
- Morss v. OsbornNew York Supreme Court · 1873
- Agan v. HeyNew York Supreme Court · 1883
- Barry v. BruneNew York Supreme Court · 1876