Newton v. Harris
New York Supreme Court
Judgment in this case was perfected in favor of the plaintiff, on the 13th June, 1849, for $291,56, damages and costs, in the clerk’s office of Livingston county.
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Judgment in this case was perfected in favor of the plaintiff, on the 13th June, 1849, for $291,56, damages and costs, in the clerk’s office of Livingston county. The cause had been tried before a referee, who reported in favor of the plaintiff; and a motion for a new trial was made and argued before the general term for Livingston county, upon a case containing the evidence, in August, 1848,- which motion was denied at the general term in Ontario county, in May, 1849. In order to remove the judgment to the court of appeals, for the purpose of review, the defendant’s attorney, on the 18th day…
1Opinion of the CourtWelles, J.
The judgment sought to be set aside, is supposed by the defendant’s counsel to be irregular for the following reasons : First. That there has been no appeal in the cause to the court of appeals; all the proceedings being irregular, null and void. Second. That if the court should be of the opinion that the appeal is effectual for any purpose, the same was not perfected at the time it was dismissed by the court of appeals, and that the order of that court dismissing the appeal was irregular and void. On the first point the defendant’s counsel contended that as the sureties justified only in…
2Cited by4 opinions
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