Wright v. Clark

Appellate Division of the Supreme Court of New York

Wright v. Clark

164 A.D. 962, 149 N.Y.S. 1119

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

DecidedOctober 15, 1914

StatusPublished

This text of 164 A.D. 962 (Wright v. Clark) 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

Wright v. Clark, 164 A.D. 962, 149 N.Y.S. 1119 (N.Y. Ct. App. 1914).

Pincite

Opinion

We think that the judgment appealed from should be reversed. We are of opinion that it was reversible error for the learned trial court to receive in evidence, over objection and exception, the findings of the jury in the former lunacy proceeding, and the order confirming them, inasmuch as said findings and order had been rendered absolutely inoperative by the entry of the order vacating the same and directing a new trial in said proceeding. We think that under the circumstances of this case it would be advisable that either party should apply at Special Term for an order directing the framing of issues for a trial by jury. Judgment reversed and new trial granted, costs to abide the final award of costs. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

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We think that the judgment appealed from should be reversed. We are of opinion that it was reversible error for the learned trial court to receive in evidence, over objection and exception, the findings of the jury in the former lunacy proceeding, and the order confirming them, inasmuch as said findings and order had been rendered absolutely inoperative by the entry of the order vacating the same and directing a new trial in said proceeding. We think that under the circumstances of this case it would be advisable that either party should apply at Special Term for an order directing the framing of issues for a trial by jury. Judgment reversed and new trial granted, costs to abide the final award of costs. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

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Bluebook (online)

164 A.D. 962, 149 N.Y.S. 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-clark-nyappdiv-1914.