Knapp v. . Deyo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, .entered upon an order made October 24, 1885, which affirmed a. judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.
1Opinion of the Court
Rugeb, Oh. J.
The judgment in this action is not appeal-able to this court. The amount in controversy is less than $500. (Sub. 3, § 191, Code of Civil Pro.) The case does not come within the exception to the rule, as the title to real property is not affected, and no appeal to this court has been authorized by the cyder of the General Term. The question, therefore, is to be determined solely by the amount in controversy. This is held to mean the amount in controversy before the tribunal from which the appeal is taken to this court. To determine this amount resort may be had not only to the…
2Cases cited1 opinion
- King v. . GalvinNew York Court of Appeals · 1875
3Cited by4 opinions
- Gilbert Co. v. HustedWashington Supreme Court · 1908
- A. Hall Terra Cotta Co. v. DoyleNew York Court of Appeals · 1892
- Campbell v. MandevilleNew York Court of Appeals · 1888
- Hunter v. SandenAppellate Division of the Supreme Court of the State of New York · 1922