Hommel v. Meserole
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs Ellen 0. "Hommel and another, from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of. the clerk of the county of Kings on the 30th day of November, 1896, upon a decision of the court reversing a judgment rendered by a justice of the peace, and also from an order entered in said clerk’s office on the 28th day of November, 1896, directing the entry of said judgment.
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Appeal by the plaintiffs Ellen 0. "Hommel and another, from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of. the clerk of the county of Kings on the 30th day of November, 1896, upon a decision of the court reversing a judgment rendered by a justice of the peace, and also from an order entered in said clerk’s office on the 28th day of November, 1896, directing the entry of said judgment. The action was brought to foreclose a mechanic’s lien, filed by the plaintiffs who were sub-contractors under one Hesse, who had a contract with the defendant…
1Opinion of the Court
Hatch, J.:
We held in Ludlum v. Couch (10 App. Div. 603) that if there was any evidence to support the judgment of the justice, no authority existed in the County Court to reverse the judgment as. against the weight of evidence. In the present case the County Court has assumed to pass upon the testimony and reverse the judgment. Unless, therefore, there was an entire absence of evidence in .support of the judgment rendered by the justice, the decision of the County Court cannot be upheld.
The action is brought to foreclose a mechanic’s lien held by the plaintiffs as sub-contractors which arose…
2Cases cited3 opinions
- Craighead v. . PetersonNew York Court of Appeals · 1878
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- Andrews v. . the Aetna Life Ins. Co.New York Court of Appeals · 1883
3Cited by4 opinions
- Miller v. AhrensU.S. Circuit Court for the District of Northern West Virginia · 1908
- Davis v. Kallfelz, New York County Courts1898
- In re BrennerNew York Supreme Court · 1901
- Superior Oil Corp. v. WilsonSupreme Court of Oklahoma · 1940