Postley v. Mott
New York Supreme Court
Motion in arrest of judgment. The declaration contained six counts for verbal slander. Not guilty was pleaded, and the plaintiff had a verdict. The plaintiff’s counsel, in opposing this .motion, produced the certificate of the circuit judge, from which it appeared that no evidence was given upon the third and fifth counts of the declaration,', and that the evidence applicable, to the fourth count was withdrawn before the cause was submitted to the jury.
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Motion in arrest of judgment. The declaration contained six counts for verbal slander. Not guilty was pleaded, and the plaintiff had a verdict. The plaintiff’s counsel, in opposing this .motion, produced the certificate of the circuit judge, from which it appeared that no evidence was given upon the third and fifth counts of the declaration,', and that the evidence applicable, to the fourth count was withdrawn before the cause was submitted to the jury. He also certified that all the evidence given on behalf of the plaintiff would apply as well to the first and sixth counts as to the second.…
1Opinion of the Court
By the Court, Jewett, J.
The general rule is, that when one of several counts is bad, and a general verdict is rendered, the judgment will be arrested. (Gibbs v. Dewey, 5 Cowen, 503.) But if the record can be amended by the notes of the judge, so as to apply the verdict to the good counts, or if the defect be the result of a clerical mistake, or the like, in which case the court will amend it, the motion will be denied. (Stafford v. Green, 1 John. 505; Highland Turnpike Co. v. McKean, 11 id. 99; Cooper v. Bissell, 15 id. 318; Norris v. Durham, 9 Cowen, 151; Sayer v. Jewett, 13 Wend. 135; 3 R.…
2Cases cited2 opinions
- Mohawk Bank v. BroderickCourt for the Trial of Impeachments and Correction of Errors · 1834
- Stafford v. GreenNew York Supreme Court · 1806
3Cited by1 opinion
- Snell v. SnellNew York Supreme Court · 1856