Ryan v. . Waule
New York Court of Appeals
This was a motion to dismiss an appeal. The action was for slander. A verdict for $500 Was ren-' dered for plaintiff on trial, which was had April 7, 1874. Judgment for that amount of damages, together with costs and disbursements, was perfected April 11,1874. The judgment was affirmed on appeal to the General Term. Judgment of affirmance was perfected July 31, 1875, from which defendant appealed to this court.
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This was a motion to dismiss an appeal. The action was for slander. A verdict for $500 Was ren-' dered for plaintiff on trial, which was had April 7, 1874. Judgment for that amount of damages, together with costs and disbursements, was perfected April 11,1874. The judgment was affirmed on appeal to the General Term. Judgment of affirmance was perfected July 31, 1875, from which defendant appealed to this court. No order as prescribed by chapter 322, Laws of 1874, was granted by the General Term. It was claimed by defendant’s counsel that as the amount of the recovery, with interest thereon,…
1Per curiam
The amount of the judgment, without reference to the interest which attaches to it immediately upon its recovery, is made the test of its appealability to this court by the act of 1874, chapter 322. The interest which accrues as incidental to the recovery constitutes no part of the judgment. The language of the statute is explicit, and cannot be varied or made more plain by interpretation. Whatever damages the law may give for withholding the debt or not paying the judgment, the amount of the judgment is the same, and that is the amount in controversy under the statute.
The fact that this…
2Cited by7 opinions
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