Longrill v. Downey
Superior Court of Buffalo
Appeal from municipal court. John A. Longrill brought an action and recovered judgment against John Downey, in the municipal court of Buffalo, for $25. The latter appealed, and moved the superior court to allow him to amend his answer to claim judgment for a sum exceeding $50, that he might have a trial de nova, as provided in cases of appeals from justices, by Code Civil Proc.
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Appeal from municipal court. John A. Longrill brought an action and recovered judgment against John Downey, in the municipal court of Buffalo, for $25. The latter appealed, and moved the superior court to allow him to amend his answer to claim judgment for a sum exceeding $50, that he might have a trial de nova, as provided in cases of appeals from justices, by Code Civil Proc. H. Y. § 3068. Acts H. Y. 1880, c. 344, § 6, makes the practice in justices’ courts applicable to the municipal court of Buffalo.
1Per curiam
In the court below the plaintiff demanded in his complaint, and obtained a judgment for, $33.48 damages. In his notice of appeal the defendant demands a new trial in this court, and on the argument asks to be allowed to amend his answer by setting up a demand for judgment-for a sum exceeding $50, to enable him to have a new trial in this court. We do not think this court has the power to allow an amendment to his answer, demanding judgment for more than $50, so as to entitle him to a new trial here. His right to a new trial depends upon the demand for judgment in the court below, and was…
2Cases cited1 opinion
- Kimball v. RichSuperior Court of Buffalo · 1888
3Cited by3 opinions
- Druckenmiller v. ShoningerNew York Court of Common Pleas · 1890
- Utter v. NelliganNew York Supreme Court · 1895
- Buffalo Grain Co. v. Ryan Elevating and Forwarding Co.New York Supreme Court · 1910