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" Upon this ground, therefore, as well as that before considered, the judgment of the Supreme Court must be reversed; and there must be a new trial, with costs to abide the event. "
Reports of Cases Argued and Determined in the Superior Court of the City of ... - Page 275
by New York (State). Superior Court (New York), Joseph S. Bosworth - 1861
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Reports of Cases Argued and Determined in the Supreme Court: And ..., Volume 4

Esek Cowen, New York (State). Supreme Court - Law reports, digests, etc - 1836 - 828 pages
...buildings was the proper measure of damages. Here the rent of 6 dollars 25 cents was for the whole. There must be a new trial, with costs to abide the event New trial granted. HIHCKLEY against EMERSON. • On ccrtiorari to a Justice's Court. In the Court below,...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 3

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 706 pages
...Justice Bronson, and it adjudicates the very question presented in this cause for our determination. There must be a new trial, with costs to abide the event. And whatever questions arise out of the repeal of the act of 1845, must be settled in another place;...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 14

William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1853 - 500 pages
...some proof should have been offered, to 0 3 East, 10. 4 East, 130. 14 East, 226. 16 East, 169.) J^j^, There must be a new trial, with costs, to abide the event of BRISTOL the suit. „ v Rep. 5. 2 Campbell, 107. 3 Coup. 240. 3 Taunt. Rep. 176. NEW-YORK New trial...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 25

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 710 pages
...herein expressed, and forms another ground for a new trial. On both grounds considered, therefore, there must be a new trial, with costs to abide the event. | Ordered accordingly. [MONROE GENERAL TERM, September 7, 1857. Johnson, TR Strong and Wtlles, Justices.] RYAN and NEVINS...
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Merchants' Magazine and Commercial Review, Volume 39

Commerce - 1858 - 786 pages
...judgment, can properly be decided in the present action. The judgment appealed from must be reversed, aud there must be a new trial, •with costs to abide the event FREIGHT OX DAMAGED CARGO. United States Circuit Court. Lorenzo N. Iregiiist vs. George B. Morewood,...
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The Merchants' Magazine and Commercial Review, Volume 39

1858 - 784 pages
...judgment, can properly be decided in the present action. The judgment appealed from must be reversed, and there must be a new trial, with costs to abide the event. FKEIGHT ON DAMAGED CARGO. United States Circuit Court Lorenzo N. Ireguist vs. George B. MorewocJ. etal....
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 7

Benjamin Vaughan Abbott - Civil procedure - 1859 - 580 pages
...judgment, can properly be decided in the present action. The judgment appealed from must be reversed, and there must be a new trial, with costs to abide the event. FENN a. BOLLES. New York Superior Court; Special Term, September, 1858. INJUNCTION.—PARTNERSHIP ASSETS.—GOOD-WILL....
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Practice Reports in the Supreme Court and Court of Appeals, Volume 18

Nathan Howard (Jr.) - Civil procedure - 1860 - 620 pages
...time to give the notes ; but in that case it was stipulated they sheuld be given in fourteen days. We think there -was error in the conclusion of law of...must be a new trial, with costs to abide the event. SUPREME COURT. HENRY C. LOCKWOOD agt. JOHN VAN SLYKE. \VTiero in on action the facts arc such that...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 19

Nathan Howard (Jr.) - Civil procedure - 1860 - 620 pages
...question of negligence of the deceased, under the evidence, was for the jury; and, for this cause, there must be a new trial, with costs to abide the event. (Titles of the three preceding causes.) GOULD, Justice, dissenting. The point in these three cases...
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The American Law Register, Volume 10

Electronic journals - 1862 - 802 pages
...there could be no recovery upon the bonds. The. judgment of the Supreme Court must be reversed, and there must be a new trial with costs to abide the event. Note 1. The very important question 1. It seems entirely clear tliat no raised in this case as to the...
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