McGowan v. Metropolitan Life Insurance

The opinion of the court was delivered by

Garrison, J.

The relator asks for a mandamus to compel, one of the District Courts of the city of Newark to issue an execution upon a judgment recovered in said court, notwithstanding the defendant therein had taken an appeal to the-Court of Common Pleas under color of “An act concerning appeals from District Courts in this state.” Pamph. L. 1892, p. 257. The contention of the relator is that this statute-gives no right of appeal from the judgment-in question.

We are unable, however, to see any possible ground for-questioning the defendant’s right to…