International Tailoring Co. v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred P. Bennett, from a judgment of the County Court of Nassau county in favor of the plaintiff, entered in the office of the cleric of the county of Nassau on the 4th. day of May, 1905, reversing a judgment of a‘justice of the peace of the town of Hempstead. ' . . '
1Opinion of the Court
Hooker, J.:
In Clinton v. Frear (107 App. Div. 571) this court recently took occasion to refer to the rule governing the power of the'County Court to reverse justices’ judgments and grant new trials. There the presiding justice wrote as follows : “The jurisdiction of the County Court to review the decision upon the facts and to determine the weight of the evidence was conferred by the amendment of section 3063 of the Code of .Civil Procedure effected by chapter 553 of the Laws of 1900. Prior to that amendment the power to reverse the judgment as against the weight of evidence where the…
2Cases cited4 opinions
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- Murtagh v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
- von der Born v. SchultzAppellate Division of the Supreme Court of the State of New York · 1905
- Clinton v. FrearAppellate Division of the Supreme Court of the State of New York · 1905