Cochrane v. Cornwell

Order reversed, with ten dollars costs and disbursements, and motion denied, without costs, upon the ground that upon the perfection of the appeal for a new trial the judgment of the Justice’s Court ceases to be of any force, and the respondent’s only remedy is to secure a judgment upon the new trial or a dismissal of the appeal, and to rely upon the undertaking given upon the appeal. (Miller v. City of Buffalo, 129 App. Div. 833; Burns v. Howard, 9 Abb. N. C. 321, 324.) All concurred.