Dixon v. Buck
New York Supreme Court
APPEAL from a judgment of the county court of Cayuga county. The action originated in a justice’s court. In June, 1860, E. T. Munson was indebted to the plaintiff for services as attorney, disbursements, &c. in the sum of $200 or $300. About that time Munson turned out to Dixon a ■ quantity of marble owned by him; under the agreement that Dixon should sell it and apply the avails on his indebtedness.
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APPEAL from a judgment of the county court of Cayuga county. The action originated in a justice’s court. In June, 1860, E. T. Munson was indebted to the plaintiff for services as attorney, disbursements, &c. in the sum of $200 or $300. About that time Munson turned out to Dixon a ■ quantity of marble owned by him; under the agreement that Dixon should sell it and apply the avails on his indebtedness. Munson delivered to Dixon a written schedule of the pieces, which were in three different places, in the custody of other persons. The plaintiff testified that Munson went with him, and showed…
1Opinion of the Court
*72 By the Court,
Johnson, J.
The respondent’s counsel objects, preliminarily, that the case or exceptions made and filed in the court below, are not properly before us for examination on this appeal. His position is that before the case or exceptions can be made part of the judgment roll, in the county court, there must be a notice for a new trial in that court on such case or exceptions. I do not think this objection is well taken. By subdivision 6, of section 366 of the code, as amended in 1862, either party may move for a new trial in that court on a case or exceptions^ either before or after…
2Cases cited1 opinion
- Campbell v. . WoodworthNew York Court of Appeals · 1859
3Cited by7 opinions
- Rathbone v. AyerAppellate Division of the Supreme Court of the State of New York · 1907
- Sather Banking Co. v. HartwigNew York Supreme Court · 1898
- Bliss v. SchaubNew York Supreme Court · 1867
- Beatty v. MyersNew York Supreme Court · 1875
- Heinmuller v. AbbottThe Superior Court of New York City · 1872
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