Ford v. Townsend
The Superior Court of New York City
Appeal from a judgment in favor of the defendants Samuel P. Townsend, Tappen Townsend and Thomas Wilber, entered upon an order dismissing the complaint upon the trial before Mr. Justice Piebeepont on the 4th of October, 1860. The action was brought by Samuel Ford, upon a penal bond given by the defendants in compliance with an order of court, made in a previous action against the defendant Townsend, and two other persons, David and Turner, which order directed the…
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Appeal from a judgment in favor of the defendants Samuel P. Townsend, Tappen Townsend and Thomas Wilber, entered upon an order dismissing the complaint upon the trial before Mr. Justice Piebeepont on the 4th of October, 1860. The action was brought by Samuel Ford, upon a penal bond given by the defendants in compliance with an order of court, made in a previous action against the defendant Townsend, and two other persons, David and Turner, which order directed the appointment of a receiver unless the defendants in that action should give such bond. The object of the prior action, which was…
1Opinion of the Court
By the Court.*—Moncrief, J.
The exceptions to the admission of testimony, etc., taken by the defendants upon the *165trial, cannot be considered upon this appeal. “ The rule is to examine the decisions made by the (circuit) judge against the party who has lost thó verdict, and to grant or refuse a new trial according as we find them erroneous or otherwise (Elsey v. Metcalf, 1 Den., 323; Rodgers v. Murray, 3 Bosw., 357).
It remains, therefore, only to be considered whether the facts ' adduced upon the tidal, assuming them to be undisputed, would entitle the plaintiff to a judgment in his favor ? '…
2Cases cited2 opinions
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
- Franklin v. PendletonThe Superior Court of New York City · 1850