Buckley v. Shapland
New York County Courts
Plaintiff recovered after trial judgment for fifty dollars and twenty-five cents damages, and the defendant has appealed for a new trial. He makes this motion to be permitted to amend his appeal by eliminating therefrom the demand for new trial and to have the case transferred from the trial calendar to the law calendar.
1Opinion of the CourtHazard, J.
The decision of this motion involves the construction of section 3049 of the Code of Civil Procedure and presents the question of whether the relief sought by the moving party herein may be legitimately considered as one within the. power conferred upon this court by that section. It has been held that the County Court after the expiration of the time to appeal is without power to grant the relief sought, upon the theory that it is not in the line of perfecting an appeal, but that if granted it completely changes the character of .the appeal. Perhaps the most important case holding the…
2Cases cited4 opinions
- Hall v. WerneyAppellate Division of the Supreme Court of the State of New York · 1897
- Baum's Castorine Co. v. ThomasNew York Supreme Court · 1895
- Harvey v. Van DykeNew York Supreme Court · 1883
- Doughty v. PicottAppellate Division of the Supreme Court of the State of New York · 1905