Andrews v. Long
New York Supreme Court
Appeals from orders of the County Court of Kings county, dismissing appeals from judgments of a justices’ court on the ground that the notices of appeal were not signed by the appellant, and also because they did not sufficiently state the grounds thereof.
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Appeals from orders of the County Court of Kings county, dismissing appeals from judgments of a justices’ court on the ground that the notices of appeal were not signed by the appellant, and also because they did not sufficiently state the grounds thereof. The notices of appeal, which were the same in each case, were in the following form : “Please take notice,-that Elizabeth,N. Andrews, the plaintiff - herein, appeals to the Kings County Court from the judgment of this court, entered herein on April 9, 1879, in favor of Timothy Long, the defendant, and for the sum of $5.87 costs, and from…
1Opinion of the Court
Barnard, P. J. :
This appeal is properly brought. The comity court dismissed the appeals brought from a court of a justice of the peace, upon the ground that the notice of appeal was not signed by the appellant, and because the grounds of the appeal were not sufficiently stated. By section 1342 of the Code of Civil Procedure, an appeal is provided from an order affecting a substantial right in an action brought in a court specified in section 1340. That section mentions a county court, but the claim is, that this order was not made in an action brought in a county court; we think, for the…
2Cases cited2 opinions
- Sperry v. . ReynoldsNew York Court of Appeals · 1875
- Fowler v. WesterveltNew York Supreme Court · 1863