Legal Opinion

Hartmann v. Hoffman

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 1902PublishedCited by 1 opinion

On reargument. Former opinion amended by inserting in the-judgment a provision remitting the case to the county court to designate a justice for the new trial.

1Opinion of the CourtGoodrich, P. J.

The reargument of this appeal raises the question of the power of this court on appeal from a judgment of the county court of Nassau county affirming a judgment of a justice’s court for the defendant. On the former argument we reversed the judgment of the county court, and granted a new trial, with costs to abide the event, without specifying whether such trial should be before the justice who tried the action or before some other justice. 65 App. Div. 443, 72 N. Y. Supp. 982. The notice of appeal from the justice’s court to the county court was simply an appeal on the record, as there was no…

2Cases cited3 opinions

  1. Southwick v. . SouthwickNew York Court of Appeals · 1872
  2. Hartmann v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1901
  3. Hartmann v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by1 opinion

  1. Stevens v. SmithNew York County Court, Cayuga County · 1907

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