Brooker v. Filkins
New York Court of Common Pleas
Appeal from special term. Action by Smith A. Brooker and another against John Filkins. From an order granting defendant’s motion to dismiss plaintiffs’ appeal from a judgment and order of the general term of the city court, on the ground that the appeal had not been perfected by the giving of an undertaking, plaintiffs appeal. Reversed. For decision by the general term of the city court, see 25 N. Y. Supp. 514.
1Opinion of the Court
DALY, O. J.
Appeals from the city court are to be taken to the court of common pleas for the city and county of New York. . Code, § 3191. The appeal must be heard at a general term of the appellate court. Section 3193. The special term, therefore, has no power to dispose of the appeal. A motion to dismiss upon the ground that the appeal has not been perfected, or for any other reason, cannot be entertained at the special term. Where a party has served his notice of appeal in time, but has omitted to give an undertaking, the court in or to which the appeal is taken may, in its discretion,…
2Cases cited1 opinion
- Carling v. PurcellNew York Court of Common Pleas · 1893