Smith v. Cayuga Lake Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fannie J. Smith, from so much of an order of the County Court of Tompkins county, entered- in the office of the clerk of the county of Tompkins on the 17th day of August, 1901, reversing a judgment of the justice of the peace of the' city of Ithaca, in favor of the defendant, as states that such judgment is reversed “for an error in fact not affecting the merits, which the justice committed, without costs to either party.”
1Opinion of the Court
Houghton, J. :
The plaintiff brought action in Justice’s Court and recovered judgment against the defendant. On appeal to the County Court the judgment was reversed as against the weight of evidence, with costs against plaintiff, and a new trial was directed to be had before a designated justice on a day specified. The parties appeared in accordance with such direction for the retrial, and the defendant objected to the plaiptiff being heard, on the ground that she had not paid the costs of reversal and was, therefore, stayed. The justice sustained the objection and rendered judgment dismissing…
2Cases cited4 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
- Rose v. SmithNew York Supreme Court · 1825
- Sammis v. Nassau Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Blumenstock v. Weissman, New York County Courts1965
- State ex rel. Peery v. District CourtSupreme Court of Minnesota · 1918