¶1The plaintiff by submitting to the new trial, has waived his right to the interposition of this court.
¶2Rule refused.
¶3See note to Fish v. Weatherwax, infra, vol. 2, p. 215.
1 Johns. Cas. 289
Weavel v. Lasher
Decided January 15, 1800
New York Supreme Court · decided 1800-01-15
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,
Cited by 1 later decisions — most recently February 1851
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1800-01-15
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