Tallman v. American Express Co.

This action originated in Justice’s Court, where judgment was rendered for the plaintiff. It -was taken into the County Court of St. Lawrence county, on appeal, where it was again tried before the court and jury with like result; and the case is now in this court, on appeal from the judgment there rendered on the verdict of the jury. No motion was made in the County Court for a new trial on the case and exceptions, and a motion is now made to dismiss the appeal for that reason.

The • decisions on the question here presented, have not been uniform. (42 Barb., 70; 48 id., 339; 27 How., 208; 28…