Jourdan v. Healey
New York Court of Common Pleas
Appeal from third district court. Action by Gabriel Jourdan against Warren M. Healey and another. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBookstaver, J.
Although the appellant has appealed from the judgment rendered in the court below, he relies chiefly upon an error in fact in the proceedings at the trial, and upon the argument presented affidavits setting forth what he regarded as such error. For this procedure appellant relies upon section 3057 of the Code of Civil Procedure, which provides that, “where an appeal is founded upon an error in fact in the proceedings not affecting the merits of the action, and not within the knowledge of the justice, the court may determine the matter upon affidavits, or, in its discretion, upon the…
2Cases cited10 opinions
- Curley v. TomlinsonNew York Court of Common Pleas · 1874
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
- Wavel v. . WilesNew York Court of Appeals · 1862
- Kasson v. MillsNew York Supreme Court · 1852
- Green v. AngelNew York Supreme Court · 1816
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3Cited by4 opinions
- Young v. Conklin, New York County Courts1893
- Jennings v. MillerNew York Court of Common Pleas · 1895
- Brookman v. StetsonNew York Court of Common Pleas · 1895
- Hertz v. SchmidtAppellate Terms of the Supreme Court of New York · 1900