Davis v. Willis
New York Supreme Court
Appeal from Delaware county court. Action by Edward J. Davis against Warren G. Willis to recover the value of certain hay alleged to have been converted by defendant. From a judgment for plaintiff, defendant appeals.
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Appeal from Delaware county court. Action by Edward J. Davis against Warren G. Willis to recover the value of certain hay alleged to have been converted by defendant. From a judgment for plaintiff, defendant appeals. In the notice of appeal, dated March 10, 1892, from the judgment entered on the 4th of March, 1892, it is stated: “And appellant intends to bring up for review upon such appeal the order herein, dated the 29tli day of October, 1891. ” No such order is found in the appeal book. Plaintiff’s complaint alleges that the plaintiff was the owner of 20 tons of hay, on the so-called…
1Opinion of the CourtHardin, P. J.
Upon the appeal before us, the appellant is not entitled to have us review the facts, and determine whether the verdict was against the weight of evidence, as there is no order denying a motion for a new trial in the appeal book. Matthews v. Mayberg, 63 N. Y. 656; Hume v. Mayor, 74 N. Y. 268; Burger v. Burger, 111 N. Y. 528, 19 N. E. Rep. 99, 21 N. E. Rep. 50; Homeyer v. Wool Co., (Sup.) 20 N. Y. Supp. 814; Smith v. Simmons, (Sup.) 21 N. Y. Supp. 47; Carlson v. Winterson, (City Ct. N. Y.) 20 N. Y. Supp. 897. There is, however, an order in the appeal book, made at the close of the first trial…
2Cases cited7 opinions
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Third Avenue R.R. Co. v. . EblingNew York Court of Appeals · 1885
- Roe v. HansonNew York Supreme Court · 1871
- Carlson v. WintersonCity of New York Municipal Court · 1892
- Davis v. WillisNew York Supreme Court · 1890
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