Legal Opinion
King v. Norton
New York Supreme Court
Decided October 15, 1901PublishedCited by 2 opinions
Motion to dismiss appeal from Municipal Court of Buffalo.
1Opinion of the CourtKekefick, J.
The notice of appeal demanded a new trial in this court. Neither party had demanded in his pleadings judgment exceeding fifty dollars, therefore appellant was not entitled, to a new trial in this court. Buffalo Charter (L. 1891, chap. 105, § 457, and L. 1895, chap. 805, § 33); Code C. P., § 3068.
The demand for a new trial may be treated as surplusage and the appeal heard upon the law. Kimball v. Rich, 20 N. Y. St. Repr. 153.
No return has been made to this court by the court below as required by section 3053 of the Code; and the alleged reason for such omission is the failure of the appellant…
2Cases cited5 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- In re CaffreyAppellate Division of the Supreme Court of the State of New York · 1900
- Parkhurst v. Rochester Lasting Machine Co.New York Supreme Court · 1892
- Chambers v. Feron & Ballou Co.New York Supreme Court · 1899
- Van Heusen & Charles v. KirkpatrickNew York Supreme Court · 1851
3Cited by2 opinions
- Cowing v. Carpenter, New York County Courts1927
- Buffalo Grain Co. v. Ryan Elevating and Forwarding Co.New York Supreme Court · 1910