Barrus v. Parsons
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Donnie Barrus, from a judgment of the County Court of Cayuga county in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 20th day of July, 1905, reversing a final order made in summary proceedings instituted before a justice of the peace.
1Opinion of the Court
Hiscock, J.:
In our opinion no appeal lies to this court from the determination of the County Court in these proceedings, they having been originally instituted in Justice’s Court, and the appeal must be dismissed.
*635The decision of the question whether a second appeal maybe taken from the determination of the County Court upon appeal in summary proceedings instituted before a justice, depends upon the consideration of certain provisions of the Code of Civil Procedure.
Section 2260, which is found in title 2 of chapter 1Y, relating to summary proceedings, provides that “ an appeal may be taken…
2Cases cited2 opinions
- Rafferty v. MurrayAppellate Division of the Supreme Court of the State of New York · 1897
- Soop v. BurhansAppellate Division of the Supreme Court of the State of New York · 1905