Hurd v. Beeman
New York Supreme Court
In this case, before the Justice the jury rendered a verdict in favor of the plaintiff for damages. At the time of joining issue, one of the defendants being an infant, a guardian was appointed by the justice, on the plaintiff’s motion, but it so happened that the guardian was also an infant,' that fact being unknown to the justice.
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In this case, before the Justice the jury rendered a verdict in favor of the plaintiff for damages. At the time of joining issue, one of the defendants being an infant, a guardian was appointed by the justice, on the plaintiff’s motion, but it so happened that the guardian was also an infant,' that fact being unknown to the justice. When the appeal papers were served upon the justice, certain affidavits were also served upon him showing the infancy of the guardian, and upon the argument of the appeal, the counsel for the appellant offered to read those affidavits alleging error in fact as a…
1Opinion of the Court
Sheldon, Co. Judge.
Section 366 of the Code provides that if the appeal is founded on an error in fact in the proceedings, not affecting the merits of the action, and not within the knowledge of the justice, the court may determine the alleged error in fact on affidavits, and may in its discretion inquire into and determine the same upon examination of the witnesses. The mode by which parties were to avail themselves of the right tc *255review judgments and proceedings of courts of a justice of the peace, both as to errors of law and fact, before the amendment of the Code in 1852, was discussed by…
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- Sperry v. ReynoldsNew York Supreme Court · 1872