Kimball v. Rich

The defendant appeals from a judgment rendered against him by the municipal court of Buffalo. By the return of the judge it appears that the sum for which judgment was demanded did not exceed $50. No retrial of the case can therefore be had in the appellate court. In the notice of appeal served defendant has demanded a new trial. Plaintiff now insists that as a new trial cannot be had, the appeal is not authorized by the Code of Procedure, and that no appeal has in law been taken. In support of this position plaintiff relies upon Thorn v. Roods, 47 Hun, 433. In that case the supreme court,…