Johnson v. Elwood — 56 N.Y. 614

Majority

p. 614

Stephen C. Johnson, Appellant, v. Alexander Elwood, Respondent.

(Argued February 17, 1874 ;

decided February 24, 1874.

Headnote

This was a motion for reargument. The case is reported in 53 New York, 431.

The action was for the conversion of a quantity of logs. The plaintiff and defendant both failed to show title to the lands from whence they are taken ; defendant was in possession. A verdict was directed against plaintiff, and judgment rendered thereon. Held, that defendant should have been nonsuited, as the verdict would be conclusive evidence of title to the land in defendant in all subsequent proceedings involving that question. Judgment, therefore, modified, so as to make it one of nonsuit, instead of upon a verdict.

Stephen C. Johnson, appellant, in person.

William Youmans for the respondent.

opinion, that the judgment appealed from be modified by reversing judgment entered for defendant on verdict; verdict set aside, and that judgment of nonsuit against plaintiff be entered, as so modified, judgment affirmed.

All concur.

Judgment accordingly.