Sidwell v. . Greig
New York Court of Appeals
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 2L, 1898, affirming a judgment in favor of plaintiff, entered upon a decision of the court at a Trial Term, a jury trial having been waived. This action was brought to recover damages for an alleged trespass by the defendants upon a certain pond claimed to be possessed and controlled by the plaintiff.
Read the full summary
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 2L, 1898, affirming a judgment in favor of plaintiff, entered upon a decision of the court at a Trial Term, a jury trial having been waived. This action was brought to recover damages for an alleged trespass by the defendants upon a certain pond claimed to be possessed and controlled by the plaintiff. The grounds of the motion and the facts, so far as material, are stated in the opinion. The Court of Appeals has no jurisdiction of this appeal and it should…
1Opinion of the CourtGray, J.
The respondent moves to dismiss the appeal taken to this court in this action, upon the ground that it was commenced in a Justice’s Court and that no allowance of an appeal was made by the Appellate Division of the Supreme Court, or a certificate that, in its opinion, a question of law is involved which ought to be reviewed by the Court of Appeals.
It appears that upon the action being commenced in a court of a justice of the peace, the defendants filed with the justice an answer, in which they set forth that the title to real property would come in question, and an undertaking to admit…
2Cases cited2 opinions
- Cook v. . NellisNew York Court of Appeals · 1858
- Brown v. BrownNew York Court of Appeals · 1851
3Cited by4 opinions
- Camacho v. Hamilton Bank Note Engraving and Print. Co.New York Court of Appeals · 1899
- Eaton v. HallAppellate Division of the Supreme Court of the State of New York · 1903
- Eaton v. HallAppellate Division of the Supreme Court of the State of New York · 1903
- Maloney v. . Lestershire Lumber and Box CompanyNew York Court of Appeals · 1910