Whitney v. Wells

This action originated in a justice’s court, where the plaintiff recovered a verdict for $50 damages. The defendant appealed to the Cortland county court, where the plaintiff again recovered a verdict for the same amount of damages. The defendant made a case containing his exceptions taken on the trial in the county court, which were settled and made a part of the judgment roll in that court. He *151then appealed from the judgment of that court to this court, without first moving for a new trial in the former court. His counsel made the point in. this court that the verdict of the jury in the…