Grover v. . Coon
New York Court of Appeals
moved to dismiss the appeal. Before and on the first day of July last a writ of error was pending in the supreme court, on a judgment of the common pleas affirming a judgment rendered by a justice of the peace, in an action commenced before him. On the 20th of July last, the supreme court, after argument, affirmed the judgment of the justice; and Grover appealed to this court from that determination.
1Opinion of the CourtBronson, J.
The 282d section of the code of procedure applies to proceedings subsequent to the first of July, in suits which were pending on that day. (Supp. Code, § 2.) The writ of error in this case was pending in the supreme court on the first of July, and was, we think, a suit within the meaning of the statute. The judgment of affirmance was subsequent to the first of July; and as the action was “ originally commenced in a court of a justice of the peace,” there was no right of appeal to this- court. (§§ 282, 11.) The judgment of the supreme court was final.
We see no force in the objection urged by…
2Cited by4 opinions
- Leach v. AuwellAppellate Division of the Supreme Court of the State of New York · 1912
- People Ex Rel. Crane v. . HahloNew York Court of Appeals · 1920
- People v. DunnAppellate Division of the Supreme Court of the State of New York · 1898
- Brown v. BrownNew York Court of Appeals · 1851