Moody v. Gleason
New York Supreme Court
• ON certiorari to a justice's court, of Saragota county. Gleason & Tuttle sued Moody and 4 others, by summons, which was served on all the defendants below. Issue was joined, and the cause tried by jury; the defendants below all appearing by attorney. Verdict for the plaintiffs below, against all the defendants jointly.
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• ON certiorari to a justice's court, of Saragota county. Gleason & Tuttle sued Moody and 4 others, by summons, which was served on all the defendants below. Issue was joined, and the cause tried by jury; the defendants below all appearing by attorney. Verdict for the plaintiffs below, against all the defendants jointly. Two of the defendants below were infants; for whom no guardian being appointed, they sued a certiorari to this court; which was returned. moved to quash the writ of certiorari, on the ground that the only remedy of the infants was by appeal. He cited the 50 dollar act, (sees.…
1Opinion of the Court
* Curia.
The infants have mistaken their remedy. The cause was tried on a valid issue as to some of the defendants.. This puts the whole to an appeal, admitting that the infants are to be considered as not before the justice’s court. A trial as to any of the defendants, requires an appeal on their part; and draws after it the same remedy as to all. The cause cannot be divided; part of the defendants bringing certiorari, and part appealing; or, as here, part remaining in the justice’s court. The course should have been to appeal to the common pleas, who might there have appointed guardians ;…
2Cited by1 opinion
- Winterroth v. CoxAppellate Terms of the Supreme Court of New York · 1912