Hyperlawhypertext legal database Ordway v. Ordway 142 N.Y.S. 1133

← Cases

Ordway v. Ordway

142 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1913-06-04 English

Contents

Majority

p. 1133
ORDWAY, Respondent, v. ORDWAY, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
June 4, 1913.)

Headnote

Action by Rhoda Ordway against Otto M. Ordway.

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 lury find the issues then tried in favor of the plaintiff, and that the further direction that the counterclaim be disimssed, with costs, was premature.