TaiLexi AI U.S. Case Law

Weavel v. Lasher

Weavel against Lasher

Weavel v. Lasher, 1 Johns. Cas. 289 (N.Y. Sup. Ct. 1800)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
New York Supreme Court · State Trial Courts
Decided
January 15, 1800
Citations
1 Johns. Cas. 289
Headnotes
Where a party submits to a new trial on the merits, in a court of common pleas, and is nonsuited at the trial, it is too late to apply to this court for a 'mandamus to compel the court below to enter judgment on the verdict given on the first trial.
Summary
Metcalf moved for a mandamus to the court of common pleas of the county of Montgomery, commanding them to proceed to judgment on a verdict obtained by the plaintiff against the defendant, in June term, 1796, of that court. He founded his motion on a copy of the minutes of that court, certified by its clerk, by which it appeared that the verdict was set aside in the same term, on the merits, and that in February, 1798, a new trial was had, and the- plaintiff was nonsuited,

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The plaintiff by submitting to the new trial, has waived his right to the interposition of this court. (a)

Rule refused.

See note to Fish v. Weatherwax, infra, vol. 2, p. 215.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1851–1852: 118512026peak 1851 · 1

Relies on it most ⓘ

  1. Beverly v. Burke9 Ga. 440 (1851)

Most recent

  1. Beverly v. Burke9 Ga. 440 (1851)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list