Wynkoop v. Halbut
New York Supreme Court
THIS suit was commenced in a justice’s court, to recover damages for injuries alleged to have been done hy the defendant to the plaintiffs’ colt, hy misfeasance in driving him into the defendant’s yard, and hy carelessness, &c. It resulted in a judgment for the plaintiffs for $140 damages and costs.
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THIS suit was commenced in a justice’s court, to recover damages for injuries alleged to have been done hy the defendant to the plaintiffs’ colt, hy misfeasance in driving him into the defendant’s yard, and hy carelessness, &c. It resulted in a judgment for the plaintiffs for $140 damages and costs. The defendant appealed to the county court, where the suit was again tried and resulted in a verdict for the plaintiffs for $58. The following are the specifications in the defendant’s notice of appeal: 1st. That the facts proved on the trial do not show a cause of action in favor of the…
1Opinion of the Court
By the Court,
Mason, J.
This amendment of 1862, of § 371 of the code, has introduced an entirely new practice in regard to appeals from justices’ judgments to the county court. It declares that in the notice of appeal the appellant shall state in what particulars he’daims the judgment should have been more favorable to him. And that within fifteen days after service of the notice of appeal the respondent may serve upon the appellant and justice an offer, in writing, to allow the. judgment to be corrected in any of the particulars mentioned in the notice of appeal. Then the section declares that…
2Cases cited3 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
- Fox v. NellisNew York Supreme Court · 1863
3Cited by3 opinions
- Reed v. MooreNew York Supreme Court · 1866
- Garling v. LaddNew York Supreme Court · 1882
- Younghause v. FingarNew York Supreme Court · 1872