Wynkoop v. Holbert
New York Supreme Court
This action was brought in justice’s court to recover damages against defendant for enticing plaintiff’s colt into his yard and carelessly injuring it. On the trial in justice’s court, plaintiffs recovered a judgment for $140 and costs. The defendant appealed to the county court of I Chemung county, whereupon the county judge certified the I cause into the supreme court, on the ground that he could not hear it by reason of consanguinity.
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This action was brought in justice’s court to recover damages against defendant for enticing plaintiff’s colt into his yard and carelessly injuring it. On the trial in justice’s court, plaintiffs recovered a judgment for $140 and costs. The defendant appealed to the county court of I Chemung county, whereupon the county judge certified the I cause into the supreme court, on the ground that he could not hear it by reason of consanguinity. The notice of appeal specified three errors complained of, I in the following language : “ 1st. That the facts proved on the trial do not show a cause of…
1Opinion of the Court
By the court, Campbell, Justice.
The plaintiff recovered a judgment in the justice’s court, and on appeal and trial in the court above the verdict was in favor of the plaintiff, but for a less amount than the judgment in the justice’s court. As the prevailing party, the plaintiffs are entitled to costs, unless the case falls within the exceptions mentioned in the amendments of 1862 to section 3*71 of the Code. I think it does not, for the reason that the notice of appeal does not state any particular in which the judgment in the justice’s court could have been corrected or amended. The…
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