Sulzberger & Sons Co. of America v. Miller
Sulzberger & Sons Co. of America v. Miller
Opinion of the Court
At the close of the trial of this cause before the Atlantic County Circuit Court, by agreement of the attorneys of the respective parties, a certain question of fact was by the trial judge submitted to the jury with direction to find a special verdict. Such a verdict was returned.
The court reserved the questions involved in certain defences, it being agreed by the attorneys that questions of law only were involved and that they were properly referable to the court for its determination.
The situation presented by the record above outlined is similar to that in Webster v. Board of Freeholders, 86 N. J. L. 256, so far as it contains no ruling of the trial judge on matter of law to which exception was taken, and, therefore, no case for reversal is presented.
As in the case of Blanchard Brothers, Incorporated, v. Beveridge, 86 N. J. L. 561, it was incumbent upon counsel for defendant to request the court to make a finding or findings of law in favor of his client, and to accept or to object to an adverse finding, if made, in order to lay the foundation for a review on appeal. This was not done, so far as the record before us shows, and, therefore, the judgment brought up for review must be affirmed.
For affirmance—The Chancellor, Chiee Justice, Garrison, Swayze, Trenohard, Parker, Bergen, Minturn, Kalisoh, Black, Vredenburgh, White, Terhune, HepPENHEUUER, JJ. 11.
For reversal—'None.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.