Sweetser v. Cameron
New York Court of Common Pleas
Appeal from city court, general term. Action by John H. Sweetser and others against William L. Cameron for damages for breach of contract. A judgment entered on a verdict in favor of plaintiff, and an order denying a motion for a new trial, were affirmed by the general term of the city court, and defendant appeals.
1Opinion of the CourtPryor, J.
The learned counsel for the appellant quite misconceives the function of this court. Our appellate power, in relation to the city court, is identical and coincident with the revisory jurisdiction of the court of appeals over its subordinate tribunals, and »so is limited to a review of errors of law suggested by appropriate exceptions. Keller v. Feldmann, (Com. Pl. N. Y.) 21 N. Y. Supp. 581; Walsh v. Schulz, 67 How. Pr. 186; Rowe v. Comley, 2 Civil Proc. R. 424,16 Wkly. Dig. 343. Mistakes by the jury are beyond our competence to correct. Bell v. Bartholomew, 12 Wkly. Dig. 33; McEteere v.…
2Cases cited3 opinions
- McEteere v. LittleNew York Court of Common Pleas · 1878
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Walsh v. SchulzNew York Court of Common Pleas · 1884
3Cited by1 opinion
- Ebenreiter v. DahlmanAppellate Terms of the Supreme Court of New York · 1896