Soria v. Davidson
The Superior Court of New York City
Appeal from an order denying defendant’s motion to set aside the judgment herein, or to direct the clerk of the court to correct the same and make it conform to the verdict of the jury. The action was brought to recover sixty-six thousand four hundred cigars, and $500 in money. On the trial, the claim for the $500 was abandoned.
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Appeal from an order denying defendant’s motion to set aside the judgment herein, or to direct the clerk of the court to correct the same and make it conform to the verdict of the jury. The action was brought to recover sixty-six thousand four hundred cigars, and $500 in money. On the trial, the claim for the $500 was abandoned. The facts appear in the opinion. argued: I. Section 1189 of the Code of Civil Procedure provides that the clerk must make an entry in his minutes of the verdict, and must, on the application of the successful party, “ enter judgment in conformity to the verdict,…
1Per curiam
The verdict was recovered in an action for the claim and delivery of personal property.
It was general, and in these words : the jury say they “find a verdict for the plaintiff, and assess the value of the goods when taken at the sum of $3,090.90 and the depreciation of the goods, since taken, at the sum of $650.50.”
No objection was made at the time by either party to the form of the verdict.
Complaint is now, however, made on the behalf of the defendant, as to the form of the judgment entered up. It recites that the jury found for the plaintiff, and assessed the value of the property “…
2Cases cited1 opinion
- Young v. WilletThe Superior Court of New York City · 1861