Ex parte Eastabrooks
New York Supreme Court
The Court of Common Pleas of Warren county quashed an appeal from a Justice’s Court, brought by Eastabrooks against Rockwell, because the penalty of the appeal bond was more than double the amount of the judgment rendered by the Court below. A motion was now made for a mandamus, commanding the Court of Common Pleas to vacate the rule quashing the appeal, and to proceed in the cause.
1Opinion of the Court
The Court said they were very clearly of opinion, that the penalty being more than double the amount of the judgment was no objection ; though its being less, Was so, because it might abridge the rights of the appellee. It may be for his benefit, but cannot possibly injure him, that the bond is for more. And they awarded an alternative mandamus.
Rule accordingly.
2Cited by3 opinions
- Hill v. . BurkeNew York Court of Appeals · 1875
- Stapleton v. PeaseMontana Supreme Court · 1876
- Post v. DoremusNew York Supreme Court · 1874