Lowry v. Tew
New York Supreme Court
Appeal from a judgment, entered upon a decision dismissing the complaint, rendered at the Chautauqua Circuit, on a trial by the court without a jury.
1Opinion of the Court
Smith, P. J.:
The plaintiff herein recovered a judgment for $150 besides costs, in a Justices’ Court, against one Ross, who made default and did not appear before the justice. Ross appealed to the County Court, and in his notice of appeal stated that he would move for a new trial, before the same justice, upon affidavits to be served, showing that manifest injustice had been done and excusing his default. Por the purpose of staying execution, Ross procured the present defendant, Tew, to give an undertaking conditioned “ that if judgment be rendered against the appellant on said appeal, and…
2Cases cited9 opinions
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Doolittle v. . DininnyNew York Court of Appeals · 1865
- Gardner v. BarneyNew York Supreme Court · 1863
- Humerton v. . HayNew York Court of Appeals · 1875
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