Barker v. Wing
New York Supreme Court
THE action was commenced in a justice’s court, where the plaintiff recovered, and®had judgment. The defendant appealed to the county court of Erie county, where a new trial was had, and a verdict for a larger amount was rendered in the plaintiff’s favor. Before judgment was entered on the verdict, the defendant made a case containing exceptions, and moved for a new trial in that court, which was granted.
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THE action was commenced in a justice’s court, where the plaintiff recovered, and®had judgment. The defendant appealed to the county court of Erie county, where a new trial was had, and a verdict for a larger amount was rendered in the plaintiff’s favor. Before judgment was entered on the verdict, the defendant made a case containing exceptions, and moved for a new trial in that court, which was granted. The plaintiff appealed from the order granting a new trial, to this court at general term, where the order granting a new trial was reversed, with costs of the appeal, and a new trial denied,…
1Opinion of the Court
By the Court, Johnson, J.
Had judgment been entered in the county court in the defendant’s favor, instead of an order granting a new trial, on appeal from such judgment and reversal in this court, judgment would have been properly entered in the plaintiff's favor, in this court. In that case the appellate court will give such judgment as the court below should have given. This was the practice before the Code, on a case brought from an inferior, into a superior court, for review, on writ of error, and had been, from time immemorial. (Pangburn v. Ramsay, 11 John. 141. Dunham v. Simmons, 5 Hill,…
2Cases cited1 opinion
- Pangburn v. RamsayNew York Supreme Court · 1814
3Cited by1 opinion
- First National Bank v. DutcherSupreme Court of Iowa · 1905