Sedgwick v. Macy
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Charles C. IVIacy and another, for a new trial made upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff rendered by direction of the court after a trial at the Hew York Trial Term.
1Opinion of the Court
Rumsey, J.:
The plaintiff takes the preliminary objection that there is no sufficient order directing the exceptions to be heard in the first instance in this court. The law which authorizes that procedure (Code Civ. Proc. § 1000) prescribes that the judge presiding at a trial by jury may, in his discretion, at any time during the same term, direct an order to be entered that the exceptions so taken be heard in the first instance by the Appellate Division of the Supreme Court. Upon an examination of the record we find that the minutes of trial contain a statement that the defendants’…
2Cases cited4 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Bates v. StantonThe Superior Court of New York City · 1852
3Cited by7 opinions
- Valentine v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Boyce v. WalkerAppellate Division of the Supreme Court of the State of New York · 1909
- Thoms v. D. C. Andrews & Co.Court of Appeals for the Second Circuit · 1931
- Ruehl v. KardosAppellate Division of the Supreme Court of the State of New York · 1923
- Canadian Co-Op. Wheat Producers, Ltd. v. Murphy & Hoffman, Inc.District Court, W.D. New York · 1931
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