Hammond v. Carpenter
New York Supreme Court
The plaintiff by summary proceedings recovered a judgment before a justice of the peace on the 18th day of April, 1863, that the defendant surrender the possession . of a farm to the plaintiff, and also for costs.
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The plaintiff by summary proceedings recovered a judgment before a justice of the peace on the 18th day of April, 1863, that the defendant surrender the possession . of a farm to the plaintiff, and also for costs. On the 20th day of April, aforesaid, the defendant served a notice of appeal from the said judgment to the Chemung county court, on the plaintiff, and also on the justice who rendered the judgment, and at the same time he served an undertaking on the.justice, and the latter then indorsed his approval on the same. On the 29th day of April, 1863, the defendant took the undertaking, or…
1Opinion of the Court
By the court, Balcom, J.
There can be no doubt but that the defendant had the right' to appeal from the judgment of the justice to the county court. (Laws of 1849, . p. 292, § 5, sub. 2; Spraker agt. Cook, 16 N. Y. R. 567.) The decision of the county court was not final, for that court did not either affirm or reverse the judgment of the justice. It only made an order dismissing the appeal from the judgment of the justice, and an appeal lies from that order to this court. (Code, § 344; Deuel agt. Rust, 24 Barb. 438.) This is my conclusion, notwithstanding the difficulty there is in reconciling…
2Cases cited1 opinion
- Deuel v. RustNew York Supreme Court · 1857
3Cited by1 opinion
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884