Fenno v. Dickinson
New York Supreme Court
Error to the Chenango common pleas, to review a judgment of that court affirming a justice’s judgment on certiorari. Dickinson sued Fenno before the justice on a covenant ex&cuted by the latter to the plaintiff.
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Error to the Chenango common pleas, to review a judgment of that court affirming a justice’s judgment on certiorari. Dickinson sued Fenno before the justice on a covenant ex&cuted by the latter to the plaintiff. The instrument recited that C. Mann, a non-resident of the county, had applied to S. D., a justice of the peace, for a summons against Dickinson, and stated that the defendant thereby became surety that Mann should pay any sum which might be “ adjudged against him, Mann, in the said suit.” It appeared that Mann recovered in the suit commenced by him before the justice, but Dickinson…
1Opinion of the Court
By the Court, Beardsley, J.
Where an appeal is taken to a court of com’mon pleas from a judgment rendered by a justice of the peace, the proceedings in the appellate court are but a continuation of those previously had before the justice. The remedy by appeal is, in effect, a new trial of the cause in the court of common pleas, which the unsuccessful party is entitled to on procuring his appeal to be allowed, and on giving such security as the law requires. The entire proceedings, in *85such case, are all in one suit, although it was pending at different periods in distinct courts. This was so…
2Cases cited1 opinion
- Traver v. NicholsNew York Supreme Court · 1831
3Cited by10 opinions
- Gormly v. McIntoshNew York Supreme Court · 1856
- Harriott v. New Jersey RailroadNew York Court of Common Pleas · 1858
- Bennett v. BrownNew York Supreme Court · 1857
- Mellen v. HutchinsMonroe County Court · 1880
- Willey v. ShaverNew York Supreme Court · 1873
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