Jennings v. Miller
New York Court of Common Pleas
Appeal from First district court. Action by Katherine Jennings against Henry H. Miller, impleaded. From a judgment in favor of plaintiff, rendered by the justice without a jury, defendant Miller appeals.
1Opinion of the CourtBischoff, J.
This appeal is founded upon an alleged "error of fact, not affecting the merits and not within the knowledge of the justice below” (Code Civ. Proc. § 3057), such error being assigned to the unauthorized entry of an appearance for the defendant (appellant), it not appearing' from the record that he was personally served with the summons, nor is claim made that he was. While it was held in Jourdan v. Healey (Com. Pl. N. Y.) 19 N. Y. Supp. 240, that section 3057 was not applicable to appeals from the district courts, the statement there made was obviously due to an oversight; and, moreover, the-…
2Cases cited1 opinion
- Jourdan v. HealeyNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Burkhard v. SmithAppellate Terms of the Supreme Court of New York · 1896
- Feist v. Third Ave. RailroadNew York Court of Common Pleas · 1895