Miller v. Van Anken
New York Supreme Court
Error from the Cayuga common pleas. .Van Anken stied Miller in a justice’s court, and declared on a judgment obtained by him against Miller, before a juslice of the peace, for $35, damages and costs.
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Error from the Cayuga common pleas. .Van Anken stied Miller in a justice’s court, and declared on a judgment obtained by him against Miller, before a juslice of the peace, for $35, damages and costs. Miller pleaded the general issue, and gave notice that, on the trial of the cause, be would prove that he appealed from that judgment to the Cayuga common pleas ; that whilst the cause xvas depending in the common pleas, the parties submitted the same to arbitration, and entered into bonds accordingly; that the arbitrators heard the proofs and allegations of the parties, and took the same under…
1Opinion of the Court
By the Court,
Sutherland, J.
This is an action of debt upon a judgment before a justice of the peace. The defendant in error, Van Anken, was plaintiff before the justice, and Miller, the plaintiff in error, appealed to the common pleas. Van Anken again recovered there, and Miller now brings the writ of error. The whole case resolves itself into this : Whether, when a cause is carried by appeal into a court of common pleas, and the parties there agree to submit it to arbitrators, and expressly provide in the bond of submission, “that the appeal to the court of common pleas shall be, and is…
2Cited by7 opinions
- Burns v. HowardNew York Supreme Court · 1881
- Dolph v. ClemensWisconsin Supreme Court · 1856
- Jones v. ThomasWisconsin Supreme Court · 1904
- Doe ex dem. Thompson v. RoeSupreme Court of Georgia · 1857
- Grosvenor v. HuntNew York Supreme Court · 1854
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