Leake v. Hartman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Hartman, from an order of the County Court of Monroe county, entered in the office of the clerk of said county on the 6th day of November, 1908, striking the ease from the calendar for the trial of issues of fact with a jury, and directing that it be heard and determined as an issue of law.
1Opinion of the Court
Keuse, J.:
The action was originally commenced in the Municipal Court of the city of Rochester and an appeal taken to the County Court of Monroe county. After the action was commenced, and before the appeal was taken to the County Court, the right to a new trial in the County Court was taker! away by chapter 754 of the Laws of 1907 (amdg. Code Civ. Proc., §§ 3226, 3227), The facts relating to the action and the proceedings had are fully stated in the opinion of Mr. Justice Williams, and need not be referred to here-in detail. .
The appellant insists that he is entitled to a new trial in the…
2Cases cited1 opinion
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
3Cited by10 opinions
- Havens v. KingAppellate Division of the Supreme Court of the State of New York · 1927
- In re Foote, New York County Courts1927
- Demarse v. BruckmanNew York Supreme Court · 1937
- Davidoff v. ChipornoiAppellate Terms of the Supreme Court of New York · 1917
- People v. WalshAppellate Division of the Supreme Court of the State of New York · 1916
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