Wait v. . Van Allen
New York Court of Appeals
Motiok on the part of the plaintiff to dismiss the defendant’s appeal. The action was commenced in the court of a justice of the peace where the plaintiff recovered judgment, which was reversed on appeal by the County Court of Saratoga county. The judgment of the County Court was reversed in the Supreme Court on an appeal brought by the plaintiff. This last judgment was pronounced at the September term in 1858, and the judgment was perfected the 22d October following.
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Motiok on the part of the plaintiff to dismiss the defendant’s appeal. The action was commenced in the court of a justice of the peace where the plaintiff recovered judgment, which was reversed on appeal by the County Court of Saratoga county. The judgment of the County Court was reversed in the Supreme Court on an appeal brought by the plaintiff. This last judgment was pronounced at the September term in 1858, and the judgment was perfected the 22d October following. The next general term of the Supreme Court in that district was held on the first Tuesday of January, 1859. At that time the…
1Opinion of the CourtDenio, J.
Up to the time of the amendment of the Code, in 1857, an appeal did not lie to this court in an action commenced before a justice of the peace. It seems to have been considered that two separate reviews before successive tribunals afforded as great a scope for litigation as it was proper to allow in these small causes. The'judgment of the Supreme Court was, therefore, made conclusive. But, by the amendment of 1857, referred to, the restriction on .the right to appeal was expressed in the following language: “ But such appeal shall not be allowed in an action originally commenced in a court of…
2Cases cited3 opinions
- Jackson ex dem. Bleecker v. WiseburnNew York Supreme Court · 1830
- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
- Caldwell v. Mayor of AlbanyNew York Court of Chancery · 1842
3Cited by24 opinions
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
- People Ex Rel. Northchester Corp. v. MillerNew York Court of Appeals · 1942
- Clapp v. . HawleyNew York Court of Appeals · 1885
- Beardslee v. MorgnerSupreme Court of Missouri · 1880
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