Hay v. Muller
New York Court of Common Pleas
Appeal from city court, general term. Replevin by Peter Hay against Rosalie Muller, as executrix, to recover goods received by plaintiff’s testator on a loan, and by her wrongfully detained. From a judgment of the city court (26 FT. Y. Supp. 1135) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
In replevin in the city court for five lithographic stones, the plaintiff had judgment for the possession, or else the value of the property. Upon two grounds, each in itself sufficient, we are unable to review the evidence on the trial; first, because of the affirmance below; and, secondly, because, by its true construction, the appeal is from the judgment only, and not also from the order denying a new trial. Still, we may look into the record to ascertain whether any essential fact be substantially without proof, provided the appellant has raised the point by a sufficiently specific…
2Cases cited5 opinions
- Hammond v. . MorganNew York Court of Appeals · 1886
- Nelson v. Easton & Amboy RailroadNew York Court of Common Pleas · 1894
- Gregory v. FichtnerNew York Court of Common Pleas · 1891
- Yeandle v. YeandleNew York Supreme Court · 1891
- Olcott v. KohlsaatNew York Supreme Court · 1889
3Cited by2 opinions
- People v. WombleAppellate Division of the Supreme Court of the State of New York · 1985
- Conklin v. McCauleyAppellate Division of the Supreme Court of the State of New York · 1899