General

Vandyck against Van Beuren and Vosburg

1 Cai. 13·New York Supreme Court of Judicature·1803·NY

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Opinion

Vandyck against Van Beuren and Vosburg. Liberty to turn a case into a special verdict stays execution. [MAJORITY — Per Curiam.] Per Curiam. 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 either party be dissatisfied, there may be timé to make up the special verdict., 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. See Rule 20 of New York Supreme Court, and New York Code oí Procedure, sec. 26Í,