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Vandyck v. Van Beuren

1 Cai. 13 Court N.Y. Sup. Ct. English

Contents

Majority

p. 23
Vandyck against Van Beuren and Vosburg.

Headnote

Liberty to turn a case into a special verdict stays execution.

Wherever a case is made, with liberty to turn it into a special verdict, execution must stay, of course, till the next term after the decision is given: that if

p. 24
either party be dissatisfied, there may be timé to make up the special verdict.[1] ,[2]

(a) (a) If there be a special verdict, and a case made also, the party must elect on which to proceed, as he will not be permitted to argue on both. Sleght v. Rhinelander, 1 Johns. Rep. 192 .

[1] [1] See Rule 20 of New York Supreme Court, and New York Code oí Procedure, sec. 26Í,