People ex rel. Rogers & Dunn v. Saratoga Common Pleas
New York Supreme Court
Motion for mandamus. The relators sued John Ostrander before a justice of Saratoga county, and recovered $27.50 damages, and $3.68 costs. The defendant appealed to the common pleas. The affidavit on which the appeal was allowed stated the issue joined before the justice, that there was a trial by jury, and several witnesses were sworn for each party, and that there was a verdict and judgment for the plaintiffs.
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Motion for mandamus. The relators sued John Ostrander before a justice of Saratoga county, and recovered $27.50 damages, and $3.68 costs. The defendant appealed to the common pleas. The affidavit on which the appeal was allowed stated the issue joined before the justice, that there was a trial by jury, and several witnesses were sworn for each party, and that there was a verdict and judgment for the plaintiffs. The plaintiffs declared for trespass on lands, and the defendant pleaded the general issue and possession. Neither the testimony of the witnesses nor the proceedings before the justice…
1Opinion of the Court
By the Court,
Bronson, J.
[597] [598] The party intending to appeal, must present to a judge or commissioner an affidavit “setting' forth the testimony and proceedings before the justice, and the grounds upon which an allegation of error is founded, or upon which a new trial is claimed.” The judge may allow an appeal, if he is satislied by the affidavit, “ that since'the trial, the party desiring to appeal, has discovered new testimony, unknown to him before the trial, on some point material to the cause, which was not urged on the trial,’’ and that “ it is necessary for the attainment of…
2Cases cited1 opinion
- People ex rel. Mapes v. Columbia C. P.New York Supreme Court · 1831