Ladow v. Groom
Court for the Trial of Impeachments and Correction of Errors
Error to the Saratoga common pleas. Groom sued Ladow and Chadsey in a justice’s court, and declared in substance that the defendant Chadsey had theretofore sued the plaintiff before the defendant Ladow as a justice of-the peace, and that an issue of fact having been joined, the plaintiff recovered on the trial above $25 damages, besides costs; that within ten days thereafter the defendant in that judgment, the plaintiff in this suit, presented to a supreme court commissioner…
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Error to the Saratoga common pleas. Groom sued Ladow and Chadsey in a justice’s court, and declared in substance that the defendant Chadsey had theretofore sued the plaintiff before the defendant Ladow as a justice of-the peace, and that an issue of fact having been joined, the plaintiff recovered on the trial above $25 damages, besides costs; that within ten days thereafter the defendant in that judgment, the plaintiff in this suit, presented to a supreme court commissioner an affidavit for the allowance of an appeal, and that an appeal was accordingly allowed and the allowance endorsed on…
1Opinion of the Court
By the Court, Beardsley, J.
The declaration proceeds upon the assumption that the execution was illegal, having been issued after an appeal from the judgment had been duly taken to the court of common pleas. One party urges that the appeal was legally made, which is denied "by the other; and this is the only point to be decided.
*431When an appeal has been duly made, all proceedings on the judgment before the justice are to be suspended, and nothing can lawfully be done thereupon until said appeal shall be dismissed or discontinued. (2 R. S. p. 259. § 192, p. 262, § 208.) This appeal had not been…
2Cited by11 opinions
- Scroggins v. StateSupreme Court of Georgia · 1875
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Cook Borden & Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1936
- Seymour v. . JuddNew York Court of Appeals · 1849
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
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