Armstrong v. Craig
New York Supreme Court
This was an appeal from a judgment rendered by a justice of the peace of Hamilton county. The judge of that county being related to one of the parties certified that fact, and the appeal, into this court.
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This was an appeal from a judgment rendered by a justice of the peace of Hamilton county. The judge of that county being related to one of the parties certified that fact, and the appeal, into this court. The return of the justice stated that, on the return day of the summons, on the 13th day of February, 1854, the parties appeared before him, and the plaintiffs filed their complaint in writing, claiming damages against the defendant for breaking and entering a barn in the plaintiffs’ possession, and wrongfully taking from thence and converting to his own use 12 tons of hay and 5 tons of…
1Opinion of the Court
By the Court, C. L. Allen, J.
No complaint is made in this case, that the judgment is not right upon the evidence produced before the justice. But the defendant claims that he has made out such a case, by his affidavits, as brings him within § 366 of the code of 1852. That section, after declaring that the appellate court, upon the hearing, shall give judgment according to the justice of the case, without regard to technical errors or defects, which do not affect the merits, and that the judgment below may be affirmed or reversed in whole or in part, and as to any or all of the parties, and…
2Cases cited3 opinions
- American Insurance v. OakleyNew York Court of Chancery · 1842
- Jackson ex dem. Smith v. StewarthNew York Supreme Court · 1810
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
3Cited by4 opinions
- Young v. Conklin, New York County Courts1893
- Brown v. Niagara Machine Co.Superior Court of Buffalo · 1889
- Monroe v. WhiteAppellate Division of the Supreme Court of the State of New York · 1898
- Stilwell v. Rowe, New York County Courts1913