Williams v. Cunningham
The Superior Court of New York City
Motion to dismiss an appeal from an assistant justice. The affidavit of the appellant stated the proceedings and the testimony in the court below, but did not specify any particular ground on which he appealed.
1Opinion of the Court
The Court
said, the code requires this expressly. (Code of 1848, § 303.) The appellant must put his finger on the point relied upon, or distinctly inform his adversary on what ground he alleges that there is error in the judgment.
Appeal dismissed.(a)
In a subsequent case, Sullivan v. McDonald, April 28,1849, the affidavit set forth Various objections as having been taken at the trial and overruled, but did not'state the grounds on which the party appealed.
The bouRT dismissed the appeal because of this omission.
2Cited by3 opinions
- Lee v. SchmidtNew York Court of Common Pleas · 1858
- Barber v. StettheimerNew York Supreme Court · 1878
- Delong v. BrainardNew York Supreme Court · 1873