Legal Opinion

Dusenbury v. Dusenbury

The Superior Court of New York City

Decided August 15, 1881Published

Motion by plaintiff in each of the above entitled actions upon the minutes of the judge, to set aside judgment, entered upon the order of nonsuit granted at the trial, and to grant a new trial upon exceptions.

1Opinion of the CourtFreedman, J.

Although the point decided in Tinson agt. Welch (51 N. Y., 244), in which case there was a verdict but no exception, has been obviated by the amendments made by section 999 of the Code of Civil Procedure, yet the general term of the supreme court, in Van Doren agt. Horton (19 Hun, 7), in construing that section, decided that an exception without a verdict is equally unavailing to. authorize the trial judge to entertain a motion for a new trial on his minutes, and that an exception to a mere non-suit is not enough. The kind of motion which, by the language of that section, the judge is…

2Cases cited1 opinion

  1. Tinson v. . WelchNew York Court of Appeals · 1872

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