Vandervort v. Mink
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, Lincoln A. Mink, from a judgment of the County Court of Ontario county in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 17th day of April, 1905, upon an order entered in said clerk’s office on the 17th day of April, 1905, affirming a judgment of the Justice’s Court of the town of Manchester, with notice of an intention to bring up for review upon such appeal an order of the County Court, entered on the…
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Appeal "by the defendant, Lincoln A. Mink, from a judgment of the County Court of Ontario county in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 17th day of April, 1905, upon an order entered in said clerk’s office on the 17th day of April, 1905, affirming a judgment of the Justice’s Court of the town of Manchester, with notice of an intention to bring up for review upon such appeal an order of the County Court, entered on the 18th day of May, 1904, directing that the appeal from the Justice’s Court be regarded as one on questions of law only, and…
1Opinion of the Court
Williams, J.:
The judgment of' the County Court and the order of May 18, 1904, should be reversed, with costs, and the ease held for trial in County Court.
*602There were two' trials in Justice’s Court.. The first "one resulted in' a" disagreement of the jury. The original- complaint was in writing, but -is not contained in' the - record. ' The answer thereto Was merely a general denial. Before the second trial amended pleadings Were made and filed, which- are in the record. When the second trial was -Called the defendant did not appear, and the plaintiff gave. his evidence and took judgment by…
2Cases cited2 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Hall v. WerneyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Laska v. . HarrisNew York Court of Appeals · 1915
- New York Trust Co. v. American Realty Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Zapfe v. WernerNew York Supreme Court · 1923
- Rogers v. New York State Railways, New York County Courts1923
- Singer v. BueckleAppellate Division of the Supreme Court of the State of New York · 1925