Legal Opinion

Deuchars v. Wheaton

New York Supreme Court

Decided September 15, 1858PublishedCited by 3 opinions

Present, Welles, Smith and Johnson, Justices. Appeal from- a judgment of the county court of Cayuga. The facts sufficiently appear in the opinion.

1Opinion of the Court

By the court—E. Darwin Smith, Justice.

The notice of appeal in this case, is, I think, too indefinite and inexplicit to present any particular points of error for review. The party complaining of error in the proceedings before the justice should in his notice of appeal put his fingers on the error, should specify his objection with as much precision as he would take an exception on the trial of a cause at the circuit, or would except to the decision of the court where the cause is tried by a judge without a jury or by a referee. The language is, that he should serve a notice of appeal, “…

2Cited by3 opinions

  1. Schnitt v. McKellarSupreme Court of Arkansas · 1968
  2. Smith v. JonesUtah Supreme Court · 1900
  3. Kemble v. KembleNew Jersey Court of Chancery · 1888

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