Page images
PDF
EPUB

PRACTICE REPORTS

61

IN THE

SUPREME COURT

AND

COURT OF APPEALS,

OF THE

STATE OF NEW YORK.

BY NATHAN HOWARD, JR.,
COUNSELLOR-AT-LAW, NEW YORK.

VOLUME XLII.

ALBANY :

WILLIAM GOULD & SONS,

LAW BOOKSELLERS AND PUBLISHERS.

1871.

Entered according to act of Congress, in the year eighteen hundred and seventy-one

BY WILLIAM GOULD & SONS,

In the Office of the Librarian of Congress at Washington.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

PRACTICE

REPORTS.

SUPREME COURT.

LEONARD F. BANCROFT agt. CORNELIUS SHANNON, respond

ent.

The plaintiff recovered of defendant, in a justice's court a verdict for $50, besides costs. The defendant appealed to the county court, and in his notice of appeal specified two grounds of error, as follows: "The judgment should be more favorable, to him in the following particulars: 1st. The judgment should baye been for the defendant with costs. 2d. The plaintiff was entitled to recover no more than ten dollars, if any thing."

On the trial in the county court the plaintiff recovered a verdict of $40:

Held, that both particulars mentioned in the defendant's notice of appeal were insufficient, under the Code, and that the plaintiff was entitled to costs.

Binghamton General Term, December, 1870.
MILLER, PARKER and HOGEBOOM, Justices.

APPEAL from a readjustment of costs by the county court, on an appeal from a justice's judgment.

E. C. MOODY, for plaintiff and appellant.
F. B. SMITH, for defendant and respondent.

By the court, MILLER, P. J.-The plaintiff in justice's court recovered a verdict for fifty dollars besides costs. The defendant appealed to the county court, and the notice of appeal claimed that the judgment should be more favorable to him in the following particulars: 1st. The judgment

« PreviousContinue »