Ryan v. Parr
New York Supreme Court
Appeal from Monroe county court. James ííyan brought an action for a tort, in a justice’s court against Jacob Parr, and recovered judgment. An‘appeal was taken by defendant on questions of law only to the county court, where the judgment was affirmed. Judgment was then entered in the county court for the amount of the judgment rendered by the justice, together with the costs of the appeal, and was docketed as a county court judgment.
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Appeal from Monroe county court. James ííyan brought an action for a tort, in a justice’s court against Jacob Parr, and recovered judgment. An‘appeal was taken by defendant on questions of law only to the county court, where the judgment was affirmed. Judgment was then entered in the county court for the amount of the judgment rendered by the justice, together with the costs of the appeal, and was docketed as a county court judgment. Execution having been issued thereon, and returned, “PTo. property found,” an execution against the person of defendant was issued, and he was arrested and…
1Per curiam
The order appealed from should be affirmed. The judgment which the execution was issued to collect was the judgment of the county court of Monroe etiunty. The Code makes no distinction in respect to the judgment between an appeal for a new trial and an appeal on questions of law. In either case it is a judgment of the county court. Sections 30631 and 30712 of the Code of Civil Procedure. Section 1319 3 of the Code does not apply to appeals from a justice’s court to the county court. Chapter 12, of which that section is a part, relates only to appeals to superior city courts, the supreme…
2Cited by2 opinions
- Winton v. KnottSouth Dakota Supreme Court · 1895
- Richardson v. LeviNew York Supreme Court · 1893