Legal Opinion

Anderson v. . Reilly

New York Court of Appeals

Decided May 23, 1876PublishedCited by 12 opinions

Appeal from order of the General Term of the Court of Common Pleas of the city and county of Hew York reversing an order of the General Term of the Marine Court which vacated and set aside a judgment in favor of the plaintiff herein, entered upon a verdict, and remitting the cause to said General Term of the Marine Court, to be heard upon the merits. The nature of the action and the facts appear sufficiently in the opinion.

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Appeal from order of the General Term of the Court of Common Pleas of the city and county of Hew York reversing an order of the General Term of the Marine Court which vacated and set aside a judgment in favor of the plaintiff herein, entered upon a verdict, and remitting the cause to said General Term of the Marine Court, to be heard upon the merits. The nature of the action and the facts appear sufficiently in the opinion. The General Term of the Marine Court did not hear the case upon the merits, but made the order vacating and setting aside the judgment below, upon the ground that the…

1Opinion of the CourtAndrews, J.

This action was originally brought in the Supreme Court, in the city of Hew York, and, after issue joined, it was by an order of that court, made on the 10th day of May, 1873, upon the written consent of the parties, transferred to the Marine Court. The cause was tried in the Marine Court in September, 1874, and resulted in a verdict for the plaintiff. Both parties appeared on the trial, and no objection was taken, at any stage of the proceedings, prior to the entry of judgment, to the jurisdiction of the Marine Court The action was for an assault and battery. The plaintiff, in his complaint,…

2Cases cited1 opinion

  1. Alexander v. . BennettNew York Court of Appeals · 1875

3Cited by12 opinions

  1. Newcomb v. NewcombAppellate Division of the Supreme Court of the State of New York · 1952
  2. Ziegler v. CorwinAppellate Division of the Supreme Court of the State of New York · 1896
  3. Moroney v. StateNew York Court of Claims · 1910
  4. Smith v. Emigrant Industrial Savings BankCity of New York Municipal Court · 1888
  5. Tobias v. Perry, New York County Courts1898

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