Beatty v. Myers
New York Supreme Court
APPEAL by defendant from a judgment in favor of plaintiff entered upon the verdict of a jury in. a county court. The action was brought by Elijah Beatty against Augustus Myers to recover damages for slander. Sufficient facts appear in the opinion.
1Opinion of the CourtJames, J.
This was an action for slander, originating in the county court of Ulster. The plaintiff had a verdict. The defendant moved fór a new trial on the minutes, which was denied. Judgment was entered on the verdict. A case and exceptions was made and settled. From that judgment the defendant has *457appealed. No appeal appears to have been taken from the order denying a new trial.
It is insisted that this court has not jurisdiction to entertain an appeal from a judgment of a county court upon a case and exceptions in the first instance; that a motion for a new trial upon the case and exceptions in the…
2Cases cited2 opinions
- Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
- Dixon v. BuckNew York Supreme Court · 1864