Smith v. Cayuga Lake Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Tompkins County. Action by Fannie J. Smith against the Cayuga Lake Cement Company. From an order reversing a judgment of a justice, plaintiff appeals. Modified and affirmed.
1Opinion of the CourtHoughton, J.
The plaintiff brought action in Justice’s Court, and recovered judgment against the defendant. On appeal to the County Court the judgment was reversed as against the weight of evidence, with costs against plaintiff, and a new trial was directed to be had before a designated justice on a day specified. *960The parties appeared in accordance with such direction for the retrial, and the defendant objected to the plaintiff being heard, on the ground that he had not paid the costs of reversal and was therefore stayed. The justice sustained the objection, and rendered judgment dismissing the complaint.…
2Cases cited5 opinions
- Fitch v. DevlinNew York Supreme Court · 1853
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
- Rose v. SmithNew York Supreme Court · 1825
- Kasson v. MillsNew York Supreme Court · 1852
- Sammis v. Nassau Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- State ex rel. Peery v. District CourtSupreme Court of Minnesota · 1918