Jones v. Decker
New York Supreme Court
Motion to dismiss an appeal. This action was brought in the City Court of Brooklyn by James J. J ones against Susan A. and Reuben H. Decker. The defendants separately demurred to the complaint. Judgment was rendered for the plaintiff on the demurrers, with leave for the defendants to answer, on payment of costs. The defendants took the present appeal from this decision as from an order, but gave no security for costs.
Read the full summary
Motion to dismiss an appeal. This action was brought in the City Court of Brooklyn by James J. J ones against Susan A. and Reuben H. Decker. The defendants separately demurred to the complaint. Judgment was rendered for the plaintiff on the demurrers, with leave for the defendants to answer, on payment of costs. The defendants took the present appeal from this decision as from an order, but gave no security for costs. The plaintiff, after waiting twenty days, entered judgment for $176.86, damages and costs. The defendants noticed their appeal for argument at the general term, whereupon the…
1Opinion of the Court
By the Court.*—Emott, J.
This appeal from an order of the City Court of Brooklyn, if it be well taken, is subject to the latter clause of section 6 of the City Court Act, which enacts that all provisions of law relative to appeals from courts of inferior jurisdiction to the Supreme Court, shall apply to appeals from said City Court.
Section 344 of the Code declares in what cases appeals will lie to this court from an inferior court, and section 345 provides that security must be given upon such appeal, that is, upon every appeal to this court from an inferior court, in the same manner and to…
2Cited by1 opinion
- Barnes v. GillNew York Supreme Court · 1872