Schermerhorn v. Schermerhorn
New York Supreme Court
The action in this case was assumpsit. The defendant pleaded actio non accrevit infra, &c. The plaintiffs replied that a suit had been commenced by their testatrix for the same cause of action within six years after the accruing of the same, which abated by her death, and that within one year after the death of the testatrix this suit was commenced by the plaintiff; to which the defendants rejoined, denying the suit by the testatrix.
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The action in this case was assumpsit. The defendant pleaded actio non accrevit infra, &c. The plaintiffs replied that a suit had been commenced by their testatrix for the same cause of action within six years after the accruing of the same, which abated by her death, and that within one year after the death of the testatrix this suit was commenced by the plaintiff; to which the defendants rejoined, denying the suit by the testatrix. The plaintiffs had a verdict, and the defendants now moved for judgment non obstante vere¿¿d0-
1Opinion of the Court
By the Court,
Marcy, J.
This is a motion on the part of the defendants for judgment non obstante veredicto. Doubts have been expressed as to the class of motions to which it belongs. Motions for judgment non obstante have been heard as non enumerated, but I am satisfied that they belong to the class of enumerated motions. A motion in arrest is an enumerated motion, and a motion for judgment, notwithstanding the verdict, appears to me to be of the same character; indeed it includes an arrest of the judgment. If the verdict is for the defendant, the judgment to which he would seem to be entitled…
2Cases cited2 opinions
- Smith v. SmithNew York Supreme Court · 1830
- Jackson ex dem' Frost v. HortonNew York Supreme Court · 1805
3Cited by11 opinions
- Dudley v. Harrison, McCready & Co.Supreme Court of Florida · 1937
- Sheehy v. DuffyWisconsin Supreme Court · 1894
- Tillinghast v. McLeodSupreme Court of Rhode Island · 1891
- French v. SteeleSupreme Court of Vermont · 1842
- Hardy v. RoweNew York Supreme Court · 1831
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