Powers v. Hanford
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George E.- Powers, from an order of the Gounty Court of the county of Jefferson, entered in the office of the clerk of the county of Jefferson on the 22d day of April, 1895, providing that the judgment recovered by the plaintiff in a Justice’s Oourt should be reversed unless he elect within ten days after service of a copy of the decision to reduce the damages in the judgment to five dollars and file notice of such election with the county clerk, in…
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Appeal by the plaintiff, George E.- Powers, from an order of the Gounty Court of the county of Jefferson, entered in the office of the clerk of the county of Jefferson on the 22d day of April, 1895, providing that the judgment recovered by the plaintiff in a Justice’s Oourt should be reversed unless he elect within ten days after service of a copy of the decision to reduce the damages in the judgment to five dollars and file notice of such election with the county clerk, in which case the judgment was to be modified by reducing the damages to five dollars, and as modified affirmed, without…
1Opinion of the Court
Hardin, P. J.:
It was optional with the plaintiff to give the stipulation provided for in the order. It does not appear whether the stipulation has keen given. If the stipulation was given within ten days after service of a copy of the decision to reduce, then the judgment, as thus redticed, was to be affirmed, without costs. If the plaintiff failed to give the stipulation, then the judgment, by the order, was to be reversed.
Section 3063 of the Code of Civil Procedure confers upon the County Court power to affirm or reverse a judgment of a justice in whole or in part for errors of law or of…
2Cases cited2 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- National Board of Marine Underwriters v. National BankNew York Court of Appeals · 1895
3Cited by2 opinions
- Lynch v. Syracuse, Lakeside & Baldwinsville RailwayAppellate Division of the Supreme Court of the State of New York · 1902
- Lynch v. Syracuse, Lakeside & Baldwinsville RailwayAppellate Division of the Supreme Court of the State of New York · 1902