Craig v. Fanning
New York Supreme Court
The plaintiff, in person, moved to set aside the nonsuit in this cause for irregularity and surprise. He read an affidavit stating that issues of fact were joined on two special pleas to the declaration; that the cause was tried at the Suffolk Circuit in December 1851, before Justice Brown; that after the plaintiff had opened the case to the jury and was about to call his witnesses, “to his surprise,” the defendant’s counsel handed to the judge a bundle of papers, alleging…
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The plaintiff, in person, moved to set aside the nonsuit in this cause for irregularity and surprise. He read an affidavit stating that issues of fact were joined on two special pleas to the declaration; that the cause was tried at the Suffolk Circuit in December 1851, before Justice Brown; that after the plaintiff had opened the case to the jury and was about to call his witnesses, “to his surprise,” the defendant’s counsel handed to the judge a bundle of papers, alleging the same tobe a record of certain proceedings in the late Court of Chancery; that upon inspection of those papers the…
1Opinion of the Court
S. B. Strong, Justice.
The plaintiff does not state very clearly what were the issues of fact which he wished to have submitted to the jury. From what took place on the trial, the inference is that one of them was upon an allegation in the answer that there had been a decree of the late Court of Chancery, upon the subject matter of the controversy, which concluded the parties. The plaintiff’s motion is based on the positions that he was taken by surprise; first, by the premature offer and admission in evidence of the decree in chancery; and secondly, by his being nonsuited upon that, evidence,…
2Cited by2 opinions
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