Erwin v. Mayor of Jersey City

The opinion of the court was delivered by

Magie, Chief Justice.

The record returned with this writ disclosed a judgment in favor of the city of Jersey City (which was the defendant below) and against Erwin (who was plaintiff below), upon the verdict of a jury. The bills of exception show that the verdict was directed by the trial judge. Erwin duly excepted to that direction and has assigned error thereon.

The issue in the cause had been previously tried by the same judge without a jury, and his finding was in Erwin’s favor. A rule to show cause why that finding should not be set aside was…