Condensed Digest of the Court of Appeals Reports of the State of New York; As Reported in Comstock's Reports, Four Volumes Selden's Reports, Six ... Volumes Volumes I to XXVII Inclusive of baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1866 Excerpt: ... 7. When jndgment for defendant in the appellate court. Where the verdict or report of the referee for the plaintiff has been set aside upon a case, and it appears that in no possible event the plaintiff can be entitled to recover, fibal judgment for the defendant should be rendered in the appellate court. Edmonston v. McLcod, 16 N. Y. (1858). See judgment by confession, for practice in such cases. 8 As to the mode of reviewing the decision of the referee, see Johnson v. Whitlock (13 N. Y. 344), and Westcott v. Thompson (1G N. Y. 613). 9. Trials at circuit when reviewable at general term In the first Instance. In only two instances: (1.) Upon a motion by the unsuccessful party for a new trial, upon exceptions, by order of the judge who tried the cause. (2.) Where there is an uncontroverted state of facts and the case presents only questions.of law, and the judge directs a verdict subject to the opinion of the court. Cobb v. Cornish, 16 N. Y. 602 (1858). 10. Mistrial. Where the plaintiff has a verdict at the circuit, which is taken subject to the opinion of the court at general term, and the general term renders judgment for the flcfendant thereon.it is a mistrial, and the judgment must be reversed, even though from the case it appears to be correct upon the merits. Idem. 11. See also as to mistrial by rendering judgment at general term for defendant upon a verdict for plaintiff at the circuit. Gilbert v. Beach, 16 N. Y. 606 (1858). 12. Jndgment absolute where it should have been in the alternative, etc., not reviewable on appeal, but should be corrected in the court of original jurisdiction, lngersoll v. Bostwick, 22 N. Y. 425 (1860). 13. Jndicial discretion. Appeal will not lie from a decision of the court of chancery upon a question of practice, addressed ...