Hall v. Werney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter Werney, from an order of the County Court of Jefferson county, entered in the office of the clerk of the county of Jefferson on the 12th day of- December, 1896, denying his motion to strike the cause from the calendar.
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Appeal by the defendant, Peter Werney, from an order of the County Court of Jefferson county, entered in the office of the clerk of the county of Jefferson on the 12th day of- December, 1896, denying his motion to strike the cause from the calendar. In May, 1896, the plaintiff brought an action against the defendant in a Justice’s Court in Jefferson county to recover damages for an alleged trespass by the defendant upon the plaintiff’s lands in entering upon the same with horses and wagons and destroying plaintiff’s crops and injuring his. land, and the- complaint demanded judgment for…
1Opinion of the Court
Ward, J.:
Section 3068 of the Code of Civil Procedure provides that “ where an issue of. fact or an issue of law. was joined -before the justice, and the sum for which judgment was demanded, by either party in his pleadings exceeds fifty dollars, * * * the appellant may, in his notice of appeal, * * "x" demand a new trial in the appellate court, and thereupon he is entitled thereto whether the defendant was or was not present at the trial.”
The motion in the County Court to strike the cause from the calendar was upon the ground that the case was not a proper one for a. new trial, and to have,…
2Cases cited8 opinions
- Smith v. . HallNew York Court of Appeals · 1876
- Barhyte v. HughesNew York Supreme Court · 1861
- Rothschild v. . WhitmanNew York Court of Appeals · 1892
- Harvey v. Van DykeNew York Supreme Court · 1883
- Chamboret v. CagneyThe Superior Court of New York City · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kelly v. WebsterAppellate Division of the Supreme Court of the State of New York · 1911
- Doughty v. PicottAppellate Division of the Supreme Court of the State of New York · 1905
- Vandervort v. MinkAppellate Division of the Supreme Court of the State of New York · 1906
- Graves v. Jones, New York County Courts1934
- Smith v. Rensselaerville Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1909
7 more not listed; retrieve them via the Exa API.