Hawley v. Sullivan

Hill, P. J. (dissenting).

The language used in- section 442 of the Justice Court Act will sustain a construction that a new trial *189may be had in the appellate court in an action to recover a chattel where “ the value of the property as fixed ” in the complaint “ together with the damages recovered ” in the action exceeds $100. This construction is favored by the earlier part of the same sentence wherein it is stated that a new trial may be had in the appellate court if the sum demanded in the complaint exceeds $100. This construction is more likely to effect a just result than that adopted by…