Legal Opinion

Begley v. Chose

New York Court of Common Pleas

Decided November 15, 1871Published

Appeal by defendants from a judgment of the First District Court. The facts are stated in the opinion.

1Opinion of the Court

By the Couet.*—Larbemoee, J.

—It has been repeatedly held by this court that the notice of appeal required by section 853 of the Oode of Procedure should point out clearly the error complained of, whether in the process, pleadings, proceedings on the trial, or in the rendering of judgment. In this respect, the notice of appeal in this action is defective. It states in general terms, that the judgment appealed from is against both the law and the evidence, and should have been in favor of the defendants and against the plaintiffs. These statements are too vague,' and fail to point out the error…

2Cases cited3 opinions

  1. Derby v. HanninNew York Supreme Court · 1857
  2. Lee v. SchmidtNew York Court of Common Pleas · 1858
  3. Kelty v. JenkinsNew York Court of Common Pleas · 1856

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