Lansing v. . Russell
New York Court of Appeals
Bill filed in April, 1844, to set aside two deeds of real estate on the ground that they had either been forged, or had been obtained by force or fraud. After answer and replication, the chancellor, in April, 1845, ordered several issues to be tried at law, touching the matters of fact in dispute between the parties. A trial was had at the Dutchess circuit, in November, 1845, when the jury found a verdict for the defendants on all the issues.
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Bill filed in April, 1844, to set aside two deeds of real estate on the ground that they had either been forged, or had been obtained by force or fraud. After answer and replication, the chancellor, in April, 1845, ordered several issues to be tried at law, touching the matters of fact in dispute between the parties. A trial was had at the Dutchess circuit, in November, 1845, when the jury found a verdict for the defendants on all the issues. The complainants made a case containing the evidence on the trial, and moved the chancellor for a new trial, on the ground that the verdict was against…
1Opinion of the Court
The Court
said they would suspend the argument on the merits for the present, and look into the preliminary question.
On a subsequent day,
Bronson, Ch. J.
said, we have considered the preliminary question which was mentioned on the opening of the argument and are confirmed in the first impression, that an appeal will not lie. In cases of this kind, all the books agree, that the awarding or refusing an issue to be tried at law, and the granting or refusing a new trial, are matters resting entirely in the discretion of the chancellor. He may ask the aid of a jury to inform his conscience, or tie…
2Cited by11 opinions
- Carroll v. . BullockNew York Court of Appeals · 1913
- Randall v. . RandallNew York Court of Appeals · 1889
- Whitney v. WhitneyNew York Supreme Court · 1894
- Hiler v. HetterickNew York Court of Common Pleas · 1873
- Consolidated Fruit Jar Co. v. MasonNew York Court of Common Pleas · 1876
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