Cochrane v. Cornwell

Appellate Division of the Supreme Court of New York

Cochrane v. Cornwell

162 A.D. 921, 146 N.Y.S. 1087

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1914·Published·Cited by 1 cases

Opinion

Order reversed, with ten dollars costs and disbursements, and motion denied, without costs, upon the ground that upon the perfection of the appeal for a new trial the judgment of the Justice’s Court ceases to be of any force, and the respondent’s only remedy is to secure a judgment upon the new trial or a dismissal of the appeal, and to rely upon the undertaking given upon the appeal. (Miller v. City of Buffalo, 129 App. Div. 833; Burns v. Howard, 9 Abb. N. C. 321, 324.) All concurred.

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Order reversed, with ten dollars costs and disbursements, and motion denied, without costs, upon the ground that upon the perfection of the appeal for a new trial the judgment of the Justice’s Court ceases to be of any force, and the respondent’s only remedy is to secure a judgment upon the new trial or a dismissal of the appeal, and to rely upon the undertaking given upon the appeal. (Miller v. City of Buffalo, 129 App. Div. 833; Burns v. Howard, 9 Abb. N. C. 321, 324.) All concurred.

Cochrane v. Cornwell, 162 A.D. 921, 146 N.Y.S. 1087 (N.Y. Ct. App. 1914).

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Opinion

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