Ordway v. Ordway

Appellate Division of the Supreme Court of New York

Ordway v. Ordway

157 A.D. 940, 142 N.Y.S. 1133

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1913

StatusPublished

This text of 157 A.D. 940 (Ordway v. Ordway) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ordway v. Ordway, 157 A.D. 940, 142 N.Y.S. 1133 (N.Y. Ct. App. 1913).

Pincite

Opinion

Judgment and award of costs vacated and the case remitted to the trial court for the hearing and disposition of the issues other than those framed for submission to the jury, without costs of this appeal to either party. Held, that the direction of the trial court that the defendant’s counterclaim be dismissed was equivalent to a direction that the jury find the [941]*941issues then tried in favor of the plaintiff, and that the further direction that the counterclaim be dismissed, with costs, was premature. All concurred.

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Judgment and award of costs vacated and the case remitted to the trial court for the hearing and disposition of the issues other than those framed for submission to the jury, without costs of this appeal to either party. Held, that the direction of the trial court that the defendant’s counterclaim be dismissed was equivalent to a direction that the jury find the [941]*941issues then tried in favor of the plaintiff, and that the further direction that the counterclaim be dismissed, with costs, was premature. All concurred.

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Bluebook (online)

157 A.D. 940, 142 N.Y.S. 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ordway-v-ordway-nyappdiv-1913.