Reed v. Moore
New York Supreme Court
I The plaintiff recovered a judgment against the defendant before a justice of the peace for eighty-nine dollars damages, on the 8th day of February, 1865. The defendant appealed from the judgment to the Broome county court, and asked for a new trial in his notice of appeal, “ upon the following grounds, viz : 1. That the justice erred in refusing to non-suit the plaintiff. 2. That the judgment was rendered against the law of the case. 3. That the judgment was rendered…
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I The plaintiff recovered a judgment against the defendant before a justice of the peace for eighty-nine dollars damages, on the 8th day of February, 1865. The defendant appealed from the judgment to the Broome county court, and asked for a new trial in his notice of appeal, “ upon the following grounds, viz : 1. That the justice erred in refusing to non-suit the plaintiff. 2. That the judgment was rendered against the law of the case. 3. That the judgment was rendered against the evidence. 4 That the judgment should have been for the defendant and not for the plaintiff. 5. That the facts…
1Opinion of the Court
The following opinions were delivered in this court:
Balcom, J.
The case of Wynkoop agt, Halbut, (43 Barb. 266), settled the question in this district, that a statement in the notice of appeal from the judgment of a justice of the peace to the county court, that the appellant claims the judgment should have been in his favor and not against him, is insufficient to compel the respondent to serve an offer to allow the judgment to be corrected or be liable for costs in the county court, if the judgment of that court be more *267favorable to the appellant than the judgment of the justice. The case of…
2Cases cited2 opinions
- Wynkoop v. HalbutNew York Supreme Court · 1865
- Loomis v. HigbieNew York Supreme Court · 1865
3Cited by1 opinion
- Younghause v. FingarNew York Supreme Court · 1872