Fowler v. Westervelt
New York Supreme Court
Appeal from a judgment of the Dutchess County Court. This action was brought by Jonathan C. Fowler, John K. Hewlett, and Henry E. Jewell, commissioners of highways, of the town of Hyde Park, against Casper Westervelt. The action was first tried before a justice of the peace.
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Appeal from a judgment of the Dutchess County Court. This action was brought by Jonathan C. Fowler, John K. Hewlett, and Henry E. Jewell, commissioners of highways, of the town of Hyde Park, against Casper Westervelt. The action was first tried before a justice of the peace. The plaintiffs were commissioners of highways of the towy of Hyde Park; and the defendant was acting overseer of road-district Ho. 28, of Hyde Park, having been appointed as such by the commissioners, but never filed an acceptance of the office in the town clerk’s office. In making their assessments of highway labor for…
1Opinion of the Court
By the Court.*—Scrugham, J.
The amount of the claim of the plaintiffs, litigated in the justice’s court, exceeded fifty dollars, and on appeal to the County Court, the appellant was entitled to a new trial as a matter of right, not dependent upon error in the proceedings in the justice’s court. (Laws of 1862, 853, ch. 460, § 23.) He can only take his appeal hy the notice prescribed by section 353 of the Code of Procedure, and it is necessary that he state therein the grounds upon which the appeal is founded; but as the appellate court, in such cases, cannot pass upon any question suggested by…
2Cited by5 opinions
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