Horowitz ex rel. Horowitz v. Heary

Supreme Court of New Jersey

Horowitz ex rel. Horowitz v. Heary

157 A. 653, 10 N.J. Misc. 86, 1932 N.J. Sup. Ct. LEXIS 337

DecidedJanuary 8, 1932

StatusPublished

This text of 157 A. 653 (Horowitz ex rel. Horowitz v. Heary) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Horowitz ex rel. Horowitz v. Heary, 157 A. 653, 10 N.J. Misc. 86, 1932 N.J. Sup. Ct. LEXIS 337 (N.J. 1932).

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Opinion

Ackekson, C. C. J.

This matter comes before me upon a rule to show cause why the verdict rendered in favor of the defendant should not be set aside and a new trial granted because said verdict is against the weight of the evidence.

I have carefully read the transcript of the testimony and my notes, taken during -the trial, and the case is still fresh in my mind, and I feel that the verdict for the defendant is so clearly against the weight of the testimony as to indicate that the members of the jury were actuated by passion, prejudice or mistake, and the rule to show cause is therefore made absolute and a trial de novo ordered.

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Ackekson, C. C. J.

This matter comes before me upon a rule to show cause why the verdict rendered in favor of the defendant should not be set aside and a new trial granted because said verdict is against the weight of the evidence.

I have carefully read the transcript of the testimony and my notes, taken during -the trial, and the case is still fresh in my mind, and I feel that the verdict for the defendant is so clearly against the weight of the testimony as to indicate that the members of the jury were actuated by passion, prejudice or mistake, and the rule to show cause is therefore made absolute and a trial de novo ordered.

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Bluebook (online)

157 A. 653, 10 N.J. Misc. 86, 1932 N.J. Sup. Ct. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horowitz-ex-rel-horowitz-v-heary-nj-1932.