Legal Opinion

Rayner v. Clark

New York Supreme Court

Decided January 7, 1850PublishedCited by 10 opinions

This was an appeal from a judgment entered upon the report of the clerk. The action was upon a bond in the penalty of $250, given upon the arrest of Clark on an attachment foi an alledged contempt of court. The plaintiff, in his complaint, alledged the making of the bond to the sheriff of the county of Madison, and set it out in haec verba.

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This was an appeal from a judgment entered upon the report of the clerk. The action was upon a bond in the penalty of $250, given upon the arrest of Clark on an attachment foi an alledged contempt of court. The plaintiff, in his complaint, alledged the making of the bond to the sheriff of the county of Madison, and set it out in haec verba. It was conditioned for the appearance of Clark at the next special term to be held in the county, to answer for the contempt, and abide the order of the court. The plaintiff then averred the non-appearance of Clark according to the condition of the bond,…

1Opinion of the Court

By the Court, Allen, J.

By section 348 of the code an appeal may be brought in this court to the general term, from a judgment entered upon the direction of a single judge of the same court. In this case the judgment was entered upon the direction of a single judge, in pursuance of the provisions of section 247 ; and although the judge did not pass directly upon the amount to which the plaintiff was entitled, an appeal lies to reverse the judgment. The court of appeals have authority to review upon appeal only “ actual determinations” of the inferior court; that is, questions upon which the…

2Cases cited3 opinions

  1. Callagan v. HallettNew York Supreme Court · 1803
  2. Bank of Buffalo v. BoughtonNew York Supreme Court · 1839
  3. Thomas v. CameronNew York Supreme Court · 1837

3Cited by10 opinions

  1. Bolster v. CatterlinIndiana Supreme Court · 1858
  2. Gorman v. Commissioners of Boise CountyIdaho Supreme Court · 1877
  3. Mack v. City of SalemOregon Supreme Court · 1877
  4. Witherhead v. AllenNew York Supreme Court · 1859
  5. People v. BankerNew York Supreme Court · 1852

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