Forman v. Forman
New York Supreme Court
Tms'action was brought before a justice of the peace, where the plaintiff recovered a judgment against the defendant, for $32.74, besides costs. The Tioga county court affirmed the judgment, on the ground that the notice of appeal to that court did not state the grounds upon which the appeal was founded, within the rule laid down in Derby agt. Hannin, 15 How. Pr. P. 32; Bush agt. Dennison, 14 How. Pr.
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Tms'action was brought before a justice of the peace, where the plaintiff recovered a judgment against the defendant, for $32.74, besides costs. The Tioga county court affirmed the judgment, on the ground that the notice of appeal to that court did not state the grounds upon which the appeal was founded, within the rule laid down in Derby agt. Hannin, 15 How. Pr. P. 32; Bush agt. Dennison, 14 How. Pr. P. 307; 6 Abb. 183. The notice contained the following grounds of appeal: “ 1st. The justice improperly admitted the evidence of C. Y. S. Blivin, a witness sworn on the part of the plaintiff,…
1Opinion of the Court
By the court—Balcom, Justice.
The defendant’s notice of appeal, from the judgment of the justice to the county court, was clearly sufficient, according to decisions heretofore made by this court, at general term, in this district, to authorize a reversal of the judgment of the justice, for any error committed by him, affecting the merits of the case, prejudicial to the defendant. Such decisions show, that, if the notice states a single ground on which the appeal is founded, it confers jurisdiction on the county court to examine the whole case, as set *257forth in the justice’s return, to see if…
2Cases cited3 opinions
- Mowry v. BishopNew York Court of Chancery · 1835
- Kellogg v. HickokNew York Supreme Court · 1828
- Boyer v. PackNew York Supreme Court · 1846
3Cited by4 opinions
- Cole v. BellNew York Supreme Court · 1866
- Mathews v. ToogoodNebraska Supreme Court · 1888
- Redman v. HamptonMissouri Court of Appeals · 1887
- City of Aurora v. WestIndiana Supreme Court · 1864