Dickerson v. Wason

By the Court, Ingraham, J.

The judge, upon the trial, after submitting questions of fact to the jury, who found for the plaintiff, directed that the exceptions be heard in the first instance at the general term, and suspended judgment. It must be apparent therefore that on this hearing we have nothing to do with the findings of fact; and even if they were erroneous, we could pot now interfere to correct them. In fact, the judge at the circuit cannot direct a case to be reserved and heard at the general term in the first instance if there are questions of fact to be examined. (Cronk v.…