Burnett v. Harkness
New York Supreme Court
This suit was commenced in a Justice’s Court in Delaware county and the cause tried before a justice and a jury, and resulted in a verdict for the defendant, upon which a judgment was entered, and the defendant appealed to the Delaware County Court, and in which court the judgment of the justice was reversed and a new trial ordered, and the defendant appealed to this court, and the cause was noticed for argument at the last March general term at Delhi, and the court refused…
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This suit was commenced in a Justice’s Court in Delaware county and the cause tried before a justice and a jury, and resulted in a verdict for the defendant, upon which a judgment was entered, and the defendant appealed to the Delaware County Court, and in which court the judgment of the justice was reversed and a new trial ordered, and the defendant appealed to this court, and the cause was noticed for argument at the last March general term at Delhi, and the court refused to hear the cause for the reason that no appeal was permitted in such a case; and the plaintiff now moves to dismiss the…
1Opinion of the Court
Mason, Justice.
-—-The appeal in this case, both to the County Court and this court, was made under the act of April 12th, 1848. (Chap. 379 of the Laws of 1848, page 555.) It has been repeatedly decided in this court, that no appeal could be taken to this court from the order of the County Court reversing the judgment of a Justice of the Peace where the County Court had ordered a new trial, for the reason that the County Court did not give any final judgment, and that there is no provision for the entry of a judgment in such a case in the County Court. I take it to be well settled that the…
2Cited by2 opinions
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