Seymour v. Deyo

New York Supreme Court

Seymour v. Deyo

5 Cow. 289

CourtNew York Supreme Court

DecidedFebruary 15, 1826

StatusPublished

Cited by1 cases

This text of 5 Cow. 289 (Seymour v. Deyo) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Seymour v. Deyo, 5 Cow. 289 (N.Y. Super. Ct. 1826).

Pincite

Opinion

Curia.

We cannot hear the question upon the nonsuit argued, merely to unsettle the question as to costs. Tips would be its only effect. Granting a new trial rests in the sound discretion of the court; and we have refused to do this, where it was plain that the only effect would he a recovery of nominal damages. The present case is analogous in principle ; and the motion must be granted.

Rule accordingly.

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Curia.

We cannot hear the question upon the nonsuit argued, merely to unsettle the question as to costs. Tips would be its only effect. Granting a new trial rests in the sound discretion of the court; and we have refused to do this, where it was plain that the only effect would he a recovery of nominal damages. The present case is analogous in principle ; and the motion must be granted.

Rule accordingly.

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Bluebook (online)

5 Cow. 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seymour-v-deyo-nysupct-1826.

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