Legal Opinion

Livingston v. Miller

New York Court of Appeals

Decided September 15, 1852PublishedCited by 2 opinions

This was an action by Livingston, the plaintiff, against Miller, for the amount of rent accrued upon two leases. The cause was tried at the Columbia circuit, on the 14th June 1849, before Mr. Justice Paige, and a jury. A verdict was found in favor of the plaintiff of $36*89. On the 15th July 1849, the bill of exceptions was settled by the justice who tried the cause.

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This was an action by Livingston, the plaintiff, against Miller, for the amount of rent accrued upon two leases. The cause was tried at the Columbia circuit, on the 14th June 1849, before Mr. Justice Paige, and a jury. A verdict was found in favor of the plaintiff of $36*89. On the 15th July 1849, the bill of exceptions was settled by the justice who tried the cause. And at the foot of the exceptions the following sentence appears: “ To which charge, and to every part thereof, the counsel for the plaintiff excepted.” The general term of the' Supreme Court, third district, denied a new trial,…

1Opinion of the Court

Mr. Hill insisted that the only remedy of the appellant was to discontinue the present appeal. He could then apply in the court below to set aside the judgment, and allow the bill of exceptions to be amended; and if the application was granted, the cause should be reheard in that court upon the amended bill, and a new judgment entered. The practical result of the present application, if successful, will be, that the cause will be heard in this court upon a bill of exceptions which the court below have never passed upon or seen. Non constat that they did not understand the law in respect to…

2Cited by2 opinions

  1. O'Gorman v. KamakNew York Court of Common Pleas · 1875
  2. Pratt v. BakerNew York Supreme Court · 1895

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