Lynch v. McBeth
New York Supreme Court
Present, Taggart, P. J., Marvin, Hoyt and Mullett, Justices. Appeal from a judgment of the Erie County Court, affirming a judgment of a Justice’s Court, on appeal, taken in 1851. This action was commenced December 5th, 1850, and was tried by the justice without a jury, January 2, 1851. The plaintiff, in his complaint stated in substance, that between the 12th of March and the 1st of December 1850, he performed divers services, work and labor, for the defendant, and furnished…
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Present, Taggart, P. J., Marvin, Hoyt and Mullett, Justices. Appeal from a judgment of the Erie County Court, affirming a judgment of a Justice’s Court, on appeal, taken in 1851. This action was commenced December 5th, 1850, and was tried by the justice without a jury, January 2, 1851. The plaintiff, in his complaint stated in substance, that between the 12th of March and the 1st of December 1850, he performed divers services, work and labor, for the defendant, and furnished lumber and materials, for which the defendant was indebted to him in the sum of $100, and demanded judgment for that…
1Opinion of the Court
By the Court, Mullett, Justice.
This is an appeal from a judgment of a County Court, rendered in December 1851, affirming a judgment of a Justice’s Court. It is clear that in such cases, this court exercises merely an appellate jurisdiction, and can review only the decisions of the County Courts, actually made upon matters brought and litigated, or claimed, before those courts (Dorr agt. Birge and Wells, 5 How. Pr, R, 323, and the *117cases there referred to). It would, therefore, seem to be an important preliminary step in the investigation of such cases, to ascertain what those matters were. By…
2Cases cited3 opinions
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Ex parte Williams v. Albany Mayor's CourtNew York Supreme Court · 1835
- People ex rel. Mapes v. Columbia C. P.New York Supreme Court · 1831