Sheridan v. Cardwell
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Catharine E. Sheridan, suing, etc., and tile defendant, Charles Cardwell, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 17th day of March, 1910, directing a new trial, the defendant’s appeal being from the whole of said order and the plaintiff's from a part thereof.
1Opinion of the Court
Rich, J.:
At the close of the evidence in this action in ejectment, the court directed a verdict for the defendant. ■ Plaintiff’s motion to vacate and set the verdict aside and for a new trial was subsequently granted, and from the order accordingly entered both parties appeal. The learned trial justice in his opinion says that he directed a verdict for the defendant subject to the opinion of the court, and he bases his action on the assumption that he erroneously excluded evidence offered by the plaintiff tending to avoid a deed to the defendant. It appears from the record that at the close…
2Cases cited3 opinions
- Dever v. . HagertyNew York Court of Appeals · 1902
- Aubuchon v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Greenleaf v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1892
3Cited by5 opinions
- Duggan v. HylandAppellate Division of the Supreme Court of the State of New York · 1975
- Judd v. ChilsonAppellate Division of the Supreme Court of the State of New York · 1917
- Sheridan v. CardwellAppellate Division of the Supreme Court of the State of New York · 1911
- Stillwell v. MorleyNew York Supreme Court · 1965
- Sheridan v. CardwellAppellate Division of the Supreme Court of the State of New York · 1911