Rogers v. New York State Railways

Defendant has taken an appeal for a new trial and the ease has been put upon the Trial Term calendar of this court for retrial. This is a motion to either dismiss the appeal or to strike out the demand for a new trial and transfer the cause to the law calendar. Doubtless, the former relief cannot be given, as even if the appellant is not entitled to a new trial, his appeal would stand.

Section 442 of the Justice Court Act provides that when an issue of fact or of law was joined before the justice, and the sum for which judgment was demanded by either party exceeds fifty dollars, etc., the…