Legal Opinion

Delong v. Brainard

New York Supreme Court

Decided June 15, 1873Published

Appeal from a judgment of the county court of Jefferson county reversing a judgment of a justice of the peace.

1Opinion of the CourtTalcott, J.

In the notice of the appeal from the judgment of the justice to the county court, the statement of the grounds of the appeal is as follows:

“First. The justice erred in allowing incompetent evidence on the trial.
“Second. The judgment is entirely unsupported by the evidence • given on said trial.
“ Third. On the whole evidence given the plaintiff was not entitled to recover a judgment against the defendant.
“Fourth. The judgment is contrary to law upon the facts proved on said trial.”

The return shows numerous objections to the admission of evidence, but none is pointed out in the notice of…

2Cases cited4 opinions

  1. Avery v. WoodbeckNew York Supreme Court · 1872
  2. Derby v. HanninNew York Supreme Court · 1857
  3. Williams v. CunninghamThe Superior Court of New York City · 1849
  4. Lee v. SchmidtNew York Court of Common Pleas · 1858

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