Loomis v. Higbie
New York Supreme Court
The plaintiffs recovered a judgment in a justice’s court against the defendant for $150 damages, besides costs. The defendant appealed from the judgment to the Otsego county court, upon the following grounds set out in his notice of appeal, namely : “ He demands that a new trial be had in said county court, and claims that the judgment should have been more favorable to the defendant in the following particulars, to wit: “ First.
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The plaintiffs recovered a judgment in a justice’s court against the defendant for $150 damages, besides costs. The defendant appealed from the judgment to the Otsego county court, upon the following grounds set out in his notice of appeal, namely : “ He demands that a new trial be had in said county court, and claims that the judgment should have been more favorable to the defendant in the following particulars, to wit: “ First. The judgment should have been in favor of the defendant and against the plaintiffs for costs. Second. The judgment should have been for a less amount of damages…
1Opinion of the Court
■ By the court, Balcom, J.
According to section 371 of the Code, when a party appeals from the judgment of a justice of the peace to the county court, he musí state in his notice of appeal “ in what particular or particulars he claims the judgment should have been more favorable to him,” to authorize the respondent to serve upon him and *234the justice “ an offer in Avriting to alloAV the judgment to be corrected in any of the particulars mentioned in the notice of appeal.”
As no offer of the respondent was served in this case, and the judgment of the justice in his favor was $100 more than the…
2Cases cited3 opinions
- Fox v. NellisNew York Supreme Court · 1863
- Wynkoop v. HolbertNew York Supreme Court · 1868
- Barnard v. PierceSuperior Court of Buffalo · 1864
3Cited by2 opinions
- Reed v. MooreNew York Supreme Court · 1866
- Gray v. HannahNew York Supreme Court · 1866