Derby v. Hannin
New York Supreme Court
Appeal from a judgment of a county court, affirming the judgment of a justice. This action was commenced in a justice’s court; and on trial of the cause before the justice and a jury, a judgment was rendered in favor of plaintiff. From this judgment the defendant appealed to the county court of Wayne county. The defendant’s notice of appeal stated four grounds of appeal, the fourth of which was,—“The judgment is clearly against the law and the evidence of the case.”
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Appeal from a judgment of a county court, affirming the judgment of a justice. This action was commenced in a justice’s court; and on trial of the cause before the justice and a jury, a judgment was rendered in favor of plaintiff. From this judgment the defendant appealed to the county court of Wayne county. The defendant’s notice of appeal stated four grounds of appeal, the fourth of which was,—“The judgment is clearly against the law and the evidence of the case.” Two of the others were abandoned on the argument, and two new grounds were brought forward. The two remaining grounds originally…
1Opinion of the Court
By the court—E. Darwin Smith, Justice.
In this case, the justice’s return shows several errors for which the judgment ought to have been reversed by the county court if the questions were properly raised and presented for its decision. The county judge has, however, affirmed the judgment of the justice upon the express ground that the errors in question were not specified in the notice of appeal, and were not for that reason proper matters for consideration by that court. The question thus presented is one of much importance.
The only mode of reviewing justices’ judgments, since the Code, is by…
2Cases cited2 opinions
- People ex rel. Rumsey v. WoodsThe Superior Court of New York City · 1849
- Whitney v. BayardThe Superior Court of New York City · 1849
3Cited by4 opinions
- Herbert v. DufurOregon Supreme Court · 1893
- State ex rel. Mahoney v. McKinnonOregon Supreme Court · 1880
- Begley v. ChoseNew York Court of Common Pleas · 1871
- Delong v. BrainardNew York Supreme Court · 1873