Younghause v. Fingar
New York Supreme Court
rm-IIS is a motion on a re-argument of a case originating JL in a justice’s court, where the plaintiff recovered $95 damages, and the defendant appealed to the county court therefrom. In the county court the plaintiff recovered but $49 damages, and the question was, and is, which party was entitled to costs.
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rm-IIS is a motion on a re-argument of a case originating JL in a justice’s court, where the plaintiff recovered $95 damages, and the defendant appealed to the county court therefrom. In the county court the plaintiff recovered but $49 damages, and the question was, and is, which party was entitled to costs. The defendant, in his notice of appeal, stated the following grounds, among others, as error: “ The judgment should have been more favorable to him in this particular, to wit, that said judgment should not have been for more than $25 damages, besjdes costs.” The plaintiff served no offer…
1Opinion of the Court
By the Court, P. Potter, J.
This case comes before us upon a re-argument, a motion for that purpose having-been heretofore granted. The case has been to the Court of Appeals. That court having expressed their views of the law of the case, it necessarily carries with it, to us, the adoption of their opinion in our decision now, upon the merits.
Taking the oliter opinion of the Court of Appeals as the true interpretation of the statute, the granting a re-argument seems to be in furtherance of justice; for the decisions below, according to that opinion, must be erroneous. It is now in our power to…
2Cases cited8 opinions
- The People v. . the New-York Central Railroad Co.New York Court of Appeals · 1855
- Jackson ex dem. Boyd v. LewisCourt for the Trial of Impeachments and Correction of Errors · 1820
- Fox v. NellisNew York Supreme Court · 1863
- Wynkoop v. HalbutNew York Supreme Court · 1865
- People ex rel. Smith v. RusselNew York Supreme Court · 1865
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