Robischon v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward S. Moore, from a judgment of the County Court of Herkimer county in favor of the plaintiff, entered in the office of the clerk of said county on the 8th day of April, 1909, pursuant to an order of said County .Court entered in said clerk’s office on the same day reversing a judgment of a justice of the peace of the town of Herkimer in favor of the plaintiff and directing a new trial before the justice who tried the action, and also (as stated…
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Appeal by the defendant, Edward S. Moore, from a judgment of the County Court of Herkimer county in favor of the plaintiff, entered in the office of the clerk of said county on the 8th day of April, 1909, pursuant to an order of said County .Court entered in said clerk’s office on the same day reversing a judgment of a justice of the peace of the town of Herkimer in favor of the plaintiff and directing a new trial before the justice who tried the action, and also (as stated in the notice of appeal) from the said order upon which the judgment was entered,
1Opinion of the Court
Spring, J.:
The respondent recovered a judgment in Justice’s Court without evidence to sustain it. The appellant appealed and did not demand a new trial in County Court. The. County Court reversed the judgment '“ upon questions of law,” with ten dollars costs, and ordered a new trial before the justice who had tried the case. The appellant contends that the County Court exceeded its authority in ordering a new trial and in its award of costs, and we concur in this contention.
Prior to the enactment of chapter 553 of the Laws of 1900, there was no power in the County Court to order a new trial…
2Cases cited3 opinions
- Manheim v. SeitzAppellate Division of the Supreme Court of the State of New York · 1897
- Anibal v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1903
- Gasson v. Atkins, New York County Courts1908
3Cited by2 opinions
- Tichnor Bros. v. Barley, New York County Courts1911
- Nassau Garage, Inc. v. DornNassau County Court · 1916