Legal Opinion

Fuller v. Brierley

Oneida County Court

Decided December 15, 1867PublishedCited by 1 opinion

Fullee brought an action in a justice’s court against thé defendant Brierley, for a balance claimed to be due him upon the sale and delivery of a quantity of wood. The defendant, answering, put in a general denial, with five other counts, the fifth of which alleged indebtedness of the plaintiff to defendant in the sum of $65, and is followed by a demand for judgment against the plaintiff for that amount.

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Fullee brought an action in a justice’s court against thé defendant Brierley, for a balance claimed to be due him upon the sale and delivery of a quantity of wood. The defendant, answering, put in a general denial, with five other counts, the fifth of which alleged indebtedness of the plaintiff to defendant in the sum of $65, and is followed by a demand for judgment against the plaintiff for that amount. The cause was tried before the justice, and resulted in a judgment against the defendant for $11.45 damages and costs; from which he appeals to this court and demands a new trial therein. On…

1Opinion of the Court

Joel Willard, County Judge.

This court will not try the truth or falsity of pleadings upon affidavits, nor that they were interposed in bad faith, if they appear sufficient upon their face.

The decision of this motion, then, rests mainly upon the construction to be put upon the statute providing for new trials in the county court, on an appeal from a justice’s court. *49Prior to 1862, the only method of reviewing a judgment rendered by a justice of the peace was by appeal to the county court, and such appeal was- heard and decided upon the original papers and proceedings before the justice, Mo…

2Cited by1 opinion

  1. Baum's Castorine Co. v. ThomasNew York Supreme Court · 1895

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