Manning v. Johnson
New York Supreme Court
This was an appeal from the county court of Onondaga county. The cause was originally commenced in December, 1848, before a justice, by summons duly served and returned. The parties appeared and joined issue, and on the 1st of January, 1849, the cause was tried, and judgment was rendered by the justice, in favor of the plaintiff, for $41,78 damages, and $1,32 costs.
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This was an appeal from the county court of Onondaga county. The cause was originally commenced in December, 1848, before a justice, by summons duly served and returned. The parties appeared and joined issue, and on the 1st of January, 1849, the cause was tried, and judgment was rendered by the justice, in favor of the plaintiff, for $41,78 damages, and $1,32 costs. An appeal was taken, • to the county court, and the judgment of the justice was reversed and a new trial ordered, pursuant to the code. On the 1st day of February, 1849, the same justice issued a summons requiring the defendant…
1Opinion of the Court
By the Court, Gridley, J.
We are Of opinion that it sufficiently appeared before the justice that a new trial had been granted by the county court. The judgment record and the opinion of that court, by which it appeared that the judgment below had been reversed and a new trial awarded was enough for the justice to act upon. The objection that if the county court reversed the judgment it could not grant a new trial, was too technical. It is true that the code does not treat an order for a new trial as involving the reversal of the judgment below ; but it does that substantially; and the justice…
2Cases cited4 opinions
- Putnam v. ManNew York Supreme Court · 1829
- Wheeler v. LampmanNew York Supreme Court · 1817
- Brown v. CadyNew York Supreme Court · 1838
- Groff v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Harbour v. EldredMichigan Supreme Court · 1895
- Warring v. Keeler, New York County Courts1895
- Haight v. PotterAppellate Division of the Supreme Court of the State of New York · 1919
- Daley v. Dennis, New York County Courts1930
- Warring v. KeelerNew York County Court, Chemung County · 1895